This court discharged the rule in a writ petition seeking calculation of remission as if the petitioner were in an open prison. The court held that no vacancy existed in the open jail at the time, so no interference was called for pending vacancy.
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.
5a. cri wp 1114-15.doc
RMA
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 1114 OF 2015
Shankar Mallappa Palnor .. Petitioner
Versus
The State of Maharashtra
.. Respondent
| Appearances | |
|---|---|
| Mrs. Sonia Miskin | Advocate (appointed) for the Petitioner |
| Smt. V.R. Bhonsale | APP for the State |
CORAM : SMT. V.K. TAHILRAMANI, Acting C.J. & DR. SHALINI PHANSALKAR-JOSHI, J.
DATE : DECEMBER 16, 2015.
ORAL ORDER [PER SMT. V.K. TAHILRAMANI, A.C.J.] :
by the Open Jail Selection Committee and found to be eligible to be sent to the open prison in the year 2013, however, yet
he has not been sent to the open prison. His further case is
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5a. cri wp 1114-15.doc
that the prisoners who has been sent to the open prison get
more remissions than the other prisoners and if he had been
sent to the open prison, he would have earned more remission. Hence, his remission be calculated as if he was in the open prison since 2013.
the year 2013 and the Open Jail Selection Committee found that the petitioner is eligible to be sent to the open prison at that time, however, it is seen that there is Open Jail Seniority List. At present, there is no vacancy in the open jail. The affidavit filed by Shri. Kamble, the Superintendent of Nasik Road Central Prison, Nasik shows that the seniority number of the petitioner as per Open Jail Seniority List is 1530 and
the petitioner will be transfered to open jail as per his seniority as and when the vacancy arises in the open prison. In this view of the matter, no interference is called for. As the case of the petitioner will be considered in due course as
and when the vacancy arises in the open prison, we do not
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5a. cri wp 1114-15.doc
find it necessary to consider the prayer of the petitioner for
remaining present in the Court as and when the matter is argued.
Nashik Road Central Prison, Nashik.
[ DR. SHALINI PHANSALKAR-JOSHI, J ] [ ACTING CHIEF JUSTICE ]
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Shankar Mallappa Palnor
The State of Maharashtra
V.K. Tahilramani
Shalini Phansalkar-Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
