Bombay High Court
Jalindersingh Ajitsingh Kalyani vs The State Of Maharashtra on 7 March, 2018
Author: V.K. Tahilramani
Bench: V.K. Tahilramani, M.S. Sonak
10. cri wp 5466-17.doc
RMA
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 5466 OF 2017
Jalindersingh Ajitsingh Kalyani .. Petitioner
Versus
The State of Maharashtra .. Respondent
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Appearances
Mrs. Harjeet Kaur Bhagwant Singh Advocate for the Petitioner
Mrs. G.P. Mulekar APP for the State
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CORAM : SMT. V.K. TAHILRAMANI, Acting C.J. &
M.S. SONAK, J.
DATE : MARCH 7, 2018.
ORAL JUDGMENT [PER SMT. V.K. TAHILRAMANI, A.C.J.] :
1. Heard both sides.
2. The petitioner preferred an application for parole on 3.12.2016 on the ground of illness of his wife. The said application came to be rejected by order dated 19.1.2017. Being aggrieved thereby, the petitioner preferred an appeal. The appeal was dismissed by order dated 13.9.2017, hence, this petition.
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10. cri wp 5466-17.doc
3. The application of the petitioner for parole came to be rejected on the ground that he has been convicted under Sections 392 and 395 of IPC. Rule 4(2) of The Prisons (Bombay Furlough and Parole) Rules, 1959 states that the prisoners convicted of the offences under Section 392 to 402 (both inclusive) of the IPC are not entitled to be released on furlough. Thereafter, by another notification dated 26.8.2016, it is stated that those prisoners who cannot be released on furlough would not be eligible to be released on parole, hence, the application of the petitioner came to be rejected.
4. In view of Rule 4(2) of The Prisons (Bombay Furlough and Parole) Rules, 1959 read with Notification dated 26.8.2016, no fault can be found with the order passed by the Authorities, hence, we are not inclined to interfere. Rule is discharged.
[ M.S. SONAK, J ] [ ACTING CHIEF JUSTICE ]
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