Petitioner challenged jail punishment for late surrender, seeking application of a 2009 government circular. The court held the circular could not apply retroactively to a 2002 decision.
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.
1 crwp 191 of 2013
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
Criminal Writ Petition No.191 of 2013
Sachin Ganpat Badambe. .. Petitioner. Versus The State of Maharashtra. .. Respondent.
Shri. R.D. Sanap, Advocate, appointed for petitioner. Smt. A.V. Gondhalekar, Additional Public Prosecutor, for the respondent.
CORAM: NARESH H PATIL & A.I.S. CHEEMA, JJ. DATE : 13th JUNE 2013
ORDER:
2 crwp 191 of 2013
surrendered to the jail authorities 7 days late on 8th April 2002 on his own. As the petitioner surrendered to the jail authorities late by seven days, a show cause notice was issued to the petitioner and his explanation was called. The petitioner tendered his explanation. The jail authorities imposed punishment in deducting remission earned in the ratio of 1 : 4 days i.e. total 28 days. Judicial appraisal was obtained from the Sessions Judge Pune.
3 crwp 191 of 2013
4 crwp 191 of 2013
casual and mechanical manner and without application of mind. Therefore, the jail authorities were directed to issue a fresh show cause notice to the petitioner and pass an appropriate order by following the guidelines as set out in the Circular dated 22nd May 2009.
Sd/- Sd/- (A.I.S. CHEEMA, J.) (NARESH H PATIL, J.) rsl
1 issue framed by the court
Whether the Government Circular dated 22nd May 2009 regarding punishment ratios for late surrender can be applied to a case decided in 2002.
Colour shows how this judgement treated each authority
Sk. Jakir Sk. Babu Vs. State of MaharashtraReferred¶13
Sk. Jakir Sk. Babu Vs. State of Maharashtra, 2008 ALL MR (Cri) 3389
Angad Vitthal Gosavi Vs. The StateExplained¶13
Angad Vitthal Gosavi Vs. The State Writ Petition No.898 of 2010
Sachin Ganpat Badambe
The State of Maharashtra
NARESH H PATIL
A.I.S. CHEEMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
