A criminal writ petition filed by a petitioner serving a sentence for murder, claiming non-release after 14 years, was dismissed as the cause of action had ceased due to his release from Morshi Open Prison on 29.6.2010.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR
Criminal Writ Petition No.262/2010
[Babarao Sadashiv Gawai .vrs. State of Maharashtra and others]
Office Notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders
CORAM : A.P. LAVANDE & P.D. KODE, JJ. DATE : JULY 15, 2010.
Heard Mr. K.S. Narwade, learned counsel for the petitioner and Mrs. K.S. Joshi, learned APP for the respondents/State.
The grievance made by the petitioner, who is undergoing sentence for offence punishable under Section 302 of the Indian Penal Code, that he has completed 14 years imprisonment and still he has not been released.
Reply filed on behalf of the respondents/State discloses that the petitioner has been released from Morshi Open Prison on 29.6.2010. We have no reason to discard the statement made in affidavit on behalf of the respondents/State.
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In view of the above, the cause of action in the present petition does not survive. Accordingly, the petition stands dismissed.
The fees of the learned counsel Mr. K.S. Narwade, who has been appointed to appear on behalf of the petitioner, are quantified at Rs.750/-.
JUDGE JUDGE
Gulande
1 issue framed by the court
Whether the petitioner was ineligible for release after completing 14 years of imprisonment for an offence under Section 302 IPC.
1 provisions across 1 enactments
Babarao Sadashiv Gawai
State of Maharashtra
A.P. Lavan
P.D. Kode
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
