Dismissed
Shivaji Dashrath Gaikwad v. the State of Maharashtra
Bombay HCWP/1384/2008
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mst
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.1384 OF 2008
Shivaji Dashrath GaikwadPetitioner
versus
The State of Maharashtra
and othersRespondents
Mr.Aslam Shaikh for petitioner.
Mr.A.S.Gadkari, APP for respondents.
CORAM : BILAL NAZKI AND
A.A.KUMBHAKONI, JJ.
DATE : 12th August 2008
PC :
1. The petitioner is a convict, presently
undergoing a sentence of rigorous imprisonment.
The present petition is sent through jail by
the petitioner impugning an order whereby the
remission of the petitioner is deducted at the
rate of 2.5 days per day of over-stay, the
petitioner having over-stayed for 209 days
while on parole.
2. An affidavit-in-reply has been filed by the
respondents whereby it is pointed out that even
on an earlier occasion the petitioner
over-stayed by 144 days while on parole and
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that on that count his remission was cut @ two
days per day of over-stay i.e. by 228 days.
The petitioner had filed Criminal Writ Petition
No.353 of 2006 challenging the punishment so
awarded to the petitioner. This writ petition
was dismissed by this Court on 28th July 2006.
3. This time, when the petitioner over-stayed
for 209 days while on parole leave, his
remission has been cut at the rate of 2.5 days
per day of over-stay. The petitioner preferred
Writ Petition No.2322 of 2007 impugning the
aforesaid second order of punishment. This
writ petition was also dismissed by this Court
on 5th February 2008.
4. In view of the aforesaid facts, the
petitioner cannot be permitted to agitate again
the same issue by the present petition. This
petition is, therefore, dismissed.
Shivaji Dashrath Gaikwad
The State of Maharashtra
Bilal Nazki
A.A. Kumbhakkoni
As recorded by the court registry
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