A criminal writ petition concerning the premature release of the petitioner. The High Court directed the respondent to decide the pending proposal for release within 14 years of imprisonment within four weeks.
Petitioner allowed; respondent directed to decide proposal for premature release within four weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 1156 OF 2011
Balu Govind Kharat ... Petitioner.
V/s.
The State of Maharashtra & Ors. ... Respondents.
Mr. D.G.Khamkar for the Petitioner. Ms. S.V. Gajare, APP for the State.
CORAM : P. V. HARDAS & M.N.GILANI,JJ. DATE : 03rd MAY, 2011.
P.C.
1 Rule. Rule returnable forthwith. With the consent of the learned counsel for the parties, this petition is heard finally at the stage of admission.
2 This is a petition at the behest of of the petitioner, who claims to have completed 14 years of the actual imprisonment. He further claims that his proposal for premature release is pending consideration with the respondent authorities. Since the petitioner has completed 14 years of actual imprisonment, the question about the premature release of the petitioner, certainly is an issue which the respondent ought to have decided as expeditiously as possible.
3 In that light of the matter, therefore, we are inclined to allow this
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petition by directing the respondent to decide the proposal of the petitioner, if pending for premature release, in accordance with law within a period of four weeks from today.
4 Accordingly, the Rule is made absolute in the above terms with no order as to costs.
[M.N.GILANI,J.]
[P.V. HARDAS, J.]
.....
1 issue framed by the court
Whether the respondent authorities must expeditiously decide the petitioner's proposal for premature release after 14 years of actual imprisonment.
Balu Govind Kharat
The State of Maharashtra
P. V. Hardas
M. N. Gilani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
