Dismissed

Mohd Riyaj Mohd Hussain, C/1950 v. the State of Maharashtra through Its Secy Home Deptt Mantralya, Mumbai and Another

Bombay HC23 Aug 2012WP/356/2012

Case brief

AI extract

What is this about?

This bench dismissed two criminal writ petitions challenging the petitioner's categorization in Category 3(b) of the 1992 guidelines during his sentence term. The court found the categorization rights based on the trial court's findings and denied premature release.

What did the court decide?

Dismissed both Criminal Writ Petitions summarily with no order as to costs.

Mohd Riyaj Mohd Hussain, C/1950 Vs the State of Maharashtra… — Bail and Remand | Bombay HC (2012)

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wp356.12+1.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR

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CRIMINAL WRIT PETITION NO. 356 OF 2012 WITH

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CRIMINAL WRIT PETITION NO. 378 OF 2012

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(MOHD. RIYAJ MOHD. HUSSAIN...VS.. STATE OF MAH. THR.SECRETARY, HOME DEPT. & ANR.)

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Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions and Registrar's orders

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Court's or Judge's orders

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- - - - Ms. Radha M. Mishra, Adv. (appointed) for Petitioner in WP No.356/12. Ms. S.P.Kulkarni, Adv. (appointed) for Petitioner in WP No.378/12. Mr. A.S.Sonare, A.P.P. for Respondent/State.

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CORAM : P.V.HARDAS & M.L.TAHALIYANI, JJ. DATED : AUGUST 23, 2012.

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Both these petitions have been filed by the petitioner by addressing communications to this Court. Both the communications are in respect of the same relief i.e. his premature release on the ground that the petitioner has undergone substantial part of the sentence which is imposed on him.

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On notice being issued to the respondents, the respondents have filed their affidavit-in-reply and in the affidavitin-reply it is stated that the case of the petitioner was referred to the competent authorities and the authorities have placed the petitioner in category 3(b) of the 1992 guidelines which provides maximum sentence of imprisonment of 24 years. It is also urged before us that upon completion of the term of imprisonment the petitioner would be entitled to be released, provided that the petitioner is not involved in any other offence.

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The learned counsel for the petitioner has urged before us that categorization of the petitioner in category 3(b) is wholly unwarranted in the facts of the present case.

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2 wp356.12+1.odt

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We have perused the findings recorded by the trial Court convicting the petitioner and upon such perusal, according to us, the petitioner has been rightly placed in category 3(b) of the 1992 guidelines. We see no merit in the present petitions hence, the petitions are summarily dismissed with no order as to costs.

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We, however, quantify fees payable to Ms. Radha Mishra and Ms. S.P. Kulkarni, learned counsel appointed to represent the petitioners at Rs.One Thousand Five Hundred each.

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JUDGE

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JUDGE

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RRaut.

Mohd Riyaj Mohd Hussain, C/1950 v. the State of Maharashtra through Its Secy Home Deptt Mantralya, Mumbai and Another

Case brief

What is this about?

What did the court decide?

Mohd Riyaj Mohd Hussain, C/1950 v. the State of Maharashtra through Its Secy Home Deptt Mantralya, Mumbai and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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