Rejected a petition by an inmate claiming premature release. The court held that eligibility requires actual imprisonment of 12 years, not reckoning remission periods. The petition was dismissed as lacking merits.
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appw-37-11
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION No. 37 of 2011 INS
CRIMINAL WRIT PETITION NO. 837 OF 2010
Ramsubhash Sukku Yadav ...Petitioner.
Versus
The state of Maharashtra & anr ...Respondents.
Mrs Sonia S. Miskin for Petitioner.
Mr A.S.Gadkari, A.P.P. for the State.
CORAM:- A.M.KHANWILKAR AND A.R.JOSHI, JJ. DATED:- 1st February, 2011.
P.C.
asserted that the respondents have failed to consider his proposal for premature release. In the earlier petition, being Criminal Writ Petition No. 837 of 2010, same grievance was made but the Court rejected it vide order dated 28th July, 2010 on the finding that the petitioner was yet to complete the actual imprisonment of 12 years to become eligible
for consideration of his proposal. The fact situation remains the same,
2 appw-37-11
inasmuch as going by the dates furnished by the petitioner himself, the petitioner is in custody from 21.3.2001 in connection with the offence in question. The petitioner has assumed that even the remission period earned by the petitioner will have to be reckoned for computing 12 years of sentence undergone. That is not the correct approach. As per law, the person who has actually undergone sentence for a period of 12 years alone would become eligible for consideration of this proposal for premature release. Hence, there is no merits in this petition. The same is rejected.
(A.R.JOSHI, J.) (A.M.KHANWILKAR, J.)
1 issue framed by the court
Whether the petitioner becomes eligible for premature release consideration upon remission period reckoning instead of actual imprisonment completion.
Ramsubhash Sukku Yadav
The state of Maharashtra
A.M. Khanwilkar
A.R. Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
