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2018 DIGILAW 1396 (BOM)

Sahebrao Kaluram Bhintade v. State of Maharashtra

2018-06-15

M.S.SONAK, V.K.TAHILRAMANI

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JUDGMENT : V.K. Tahilramani, 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. 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.