The High Court of Judicature at Bombay allowed the criminal writ petition by making it absolute on the same terms as a precedent, noting the petitioner had completed over 15 years of imprisonment.
Petition made absolute in terms of prayer clauses (a), (b) and (cc); Petitioner to be discharged.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 1712 OF 2010
Laxman Shavaru Kale. ....Petitioner Vs. The State of Maharashtra & Anr. ....Respondents
Mr. N.N.Gavankar with Mr. Arfan Sait, advocate for petitioner.
Ms. S.V.Gajare, APP for State.
CORAM:- A.M.KHANWILKAR AND U.D.SALVI, JJ
DATED:- SEPTEMBER 2, 2010
P.C.
Tarachand Varsale's case, referred to in our order dated 30th August, 2010 has
not been challenged by the State in Appeal. We have already observed that in the fact situation of the present case exposition in the decision in Mahendra Varsale applies on all fours to the case on hand. In the circumstances, even the Petition should succeed on the same terms as the Petitioner has already completed 15 years 2 months and 25 days of actual imprisonment as on 31st July, 2010.
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(U.D.SALVI, J)
(A.M.KHANWILKAR, J)
Colour shows how this judgement treated each authority
Tarachand Varsale's caseExplained¶13
Mahendra Tarachand Varsale's case
Laxman Shavaru Kale
The State of Maharashtra
A.M.KHANWILKAR
U.D.SALVI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
