The court rejected the petition seeking premature release benefits. The petitioner had completed 21 years of age and served 12 years of imprisonment, making him ineligible for relief under the Bombay Borstal School Act.
The petition stands disposed as being rejected.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.1544 OF 1999
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Noen for petitioner
Mr.D.S.Mhaispurkar, APP for Respondents
CORAM : R.M.S.KHANDEPARKAR &
P.V.KAKADE, JJ.
DATE : 10TH MARCH, 2005.
P.C.
. Perused the Report including the
affidavit in reply and the provisions of
Maharashtra Borstal School Rules, 1965 along
with Bombay Borstal School Act, 1929.
Undisputedly the Petitioner has already
completed 21 years of age and under the
provisions of Section 17 he is not entitled
for benefit under the provisions of Bombay
Borstal School Act and the Rules made
thereunder. Besides, the affidavit in reply
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shows that the petitioner has already under
gone 12 years of actual imprisonment and his
case will be considered under 14 years Rules
for premature release according to the
guide-lines framed by the Government of
Maharashtra. In view of this position there
is no case for grant of any relief as prayed
by the Petitioner. The Petition stands
disposed as being rejected.
(R.M.S.Khandeparkar, J.)
(P.V.Kakade, J.)
1 issue framed by the court
Whether a petitioner who has completed 21 years of age is entitled to benefits under the Bombay Borstal School Act.
3 provisions across 2 enactments
Petitioner
Respondents
R.M.S.Khandeparkar
P.V.Kakade
As recorded by the court registry
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