The High Court disposed of a writ petition filed by a prisoner convicted of offences under Sections 364A and 365 IPC. The Court held that Rule 4(13) bars furlough until the stipulated imprisonment is completed.
The petitioner was allowed liberty to apply for furlough after completing the stipulated imprisonment.
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.
1 (5)WP-6101-19.docx
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO.6101 OF 2019
Sartaj Mumtaj Khan Pathan ] .. Petitioner vs. The State of Maharashtra & Ors. ] .. Respondents
None for the Petitioner. Smt.Aruna Pai, APP for the State.
CORAM : B. P. DHARMADHIKARI & N.R.BORKAR, JJ.
DATE : 10TH DECEMBER 2019.
P.C.:
1] Heard with the assistance of learned APP. Prisoner has
been convicted on 17th February, 2009 for the offences under Section 364A and 365 of the Indian Penal Code. Bar under Rule
4(13) therefore operates. He can apply for furlough after he completes stipulated imprisonment therein.
2] Hence, with said liberty, we dispose of the present Petition. Order be communicated to the prisoner in jail.
[ N.R.BORKAR, J. ] [ B.P. DHARMADHIKARI, J. ]
1 of 1
1 issue framed by the court
Whether a prisoner convicted under Section 364A and 365 IPC is eligible for furlough under Rule 4(13) before completing the stipulated imprisonment.
2 provisions across 2 enactments
Sartaj Mumtaj Khan Pathan
The State of Maharashtra
B. P. DHARMADHIKARI
N.R. BORKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
