Bombay High Court
Sahebrao Kaluram Bhintade vs The State Of Maharashtra And Ors on 15 June, 2018
Equivalent citations: AIRONLINE 2018 BOM 629
Author: V.K. Tahilramani
Bench: V.K. Tahilramani, M.S. Sonak
2. cri wp 1327-18.doc
RMA
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 1327 OF 2018
Sahebrao Kaluram Bhintade .. Petitioner
Versus
The State of Maharashtra & Ors. .. Respondents
...................
Appearances
Mr. Daulat G. Khamkar Advocate for the Petitioner
Mr. Arfan Sait APP for the State
...................
CORAM : SMT. V.K. TAHILRAMANI, Acting C.J. &
M.S. SONAK, J.
DATE : JUNE 15, 2018.
ORAL JUDGMENT [PER SMT. V.K. TAHILRAMANI, A.C.J.] :
1. Heard both sides.
2. The petitioner preferred an application for furlough on 4.9.2017. The said application was rejected by order dated 30.11.2017. Being aggrieved thereby, the petitioner preferred an appeal. The appeal was dismissed by order dated 12.2.2018, hence, this petition.
jfoanz vkacsjdj 1 of 2
::: Uploaded on - 18/06/2018 ::: Downloaded on - 19/06/2018 01:23:39 :::
2. cri wp 1327-18.doc
3. One of the main grounds for rejecting the application of the petitioner for furlough is that the appeal preferred by him against his conviction and sentence is pending before the higher court. This was in view of sub-Rule 11 of Rule 4 of the Maharashtra Prisons (Mumbai Furlough and Parole) (Amendment) Rules, 2016. However, it is an admitted fact that the said Rule has been deleted by Notification dated 16.4.2018. In this view of the matter, the orders dated 30.11.2017 and 12.2.2018 are set aside and the matter is remanded back to the Sanctioning Authority for considering the application of the petitioner for furlough afresh.
4. Rule is made absolute in the above terms.
[ M.S. SONAK, J ] [ ACTING CHIEF JUSTICE ]
jfoanz vkacsjdj 2 of 2
::: Uploaded on - 18/06/2018 ::: Downloaded on - 19/06/2018 01:23:39 :::