The High Court dismissed a criminal writ petition seeking interference in the rejection of a furlough application. The court noted the petitioner's prior absconding and conviction under Section 364A IPC, finding the apprehension of re-offending well-founded.
Rule discharged; writ petition dismissed; prayer for furlough refused.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
wp.4371.16.4.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 4371 OF 2016 (THROUGH JAIL)
Kushal Chandrakant Chavan ...Petitioner Versus The State of Maharashtra ...Respondent
Mrs. Nasreen S. K. Ayubi, appointed Advocate for the Petitioner Mr. H. J. Dedia, A.P.P for the Respondent-State
CORAM : SMT. V. K. TAHILRAMANI & REVATI MOHITE DERE, JJ. TUESDAY, 7th FEBRUARY, 2017
ORAL JUDGMENT (Per Smt. V. K. Tahilramani, J.) :
on 10th June, 2016. The said application was rejected by order dated 20th June, 2016. Being aggrieved thereby, petitioner preferred an appeal. The said appeal was dismissed by order dated 2nd November, 2016. Hence, this petition.
3. The application of the petitioner for furlough came to
be rejected mainly on the ground that on 12th November, 2012,
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SQ Pathan
wp.4371.16.4.doc
the petitioner was released on furlough for a period of 14 days. The said period was extended by a further period of 14 days. However, the petitioner did not report back to the prison after 28 days and the petitioner absconded. Ultimately, the petitioner had to be traced and arrested by the police and brought back to the prison. There was delay of 601 days in reporting back to the prison.
(REVATI MOHITE DERE, J.) (V. K. TAHILRAMANI, J.)
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SQ Pathan
2 issues framed by the court
Whether the High Court should interfere with the rejection of the petitioner's application for furlough due to prior absconding.
Whether a prisoner convicted under Section 364A IPC is eligible for furlough given anti-furlough notifications.
Kushal Chandrakant Chavan
The State of Maharashtra
V. K. Tahilramani
Revati Mohite Dere
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
