The High Court at Nagpur rejected a criminal writ petition by an inmate aggrieved by a prison penalty imposed for late surrender. The court found the penalty complied with applicable State Government guidelines and refused interference.
Criminal Writ Petition rejected; fees quantified at Rs. 1,500/-.
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 cwp114.16.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR
CRIMINAL WRIT PETITION NO.114 OF 2016
[Mangesh Madhav Kapate .vs. State of Maharashtra and others]
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Mrs. Sneha S. Dhote, Advocate [Appointed] for petitioner, Mr. Vishal Gangane, APP for respondents.
CORAM : B.R. GAVAI AND MRS. SWAPNA JOSHI, JJ.
DATED : APRIL 13, 2016.
The petitioner has approached this court being aggrieved by order dated 22.09.2015 passed by Superintendent of Prison, Nagpur, vide which the penalty of prison punishment in the ratio of 1 x 4 has been imposed.
The State Government, vide Notification dated 2.8.2011, has laid down the guidelines for imposing prison penalty in the matter of late surrender. The guidelines have been issued to avoid arbitrariness in exercise of the discretion. We find that the penalty imposed in accordance with the guidelines.
In that view of the matter, no interference is warranted. Criminal Writ Petition is rejected.
Fees payable to the learned counsel appointed for the petitioner are quantified at Rs.1,500/-.
JUDGE
JUDGE
Gulande
2 issues framed by the court
Whether the court should interfere with the penalty of prison punishment imposed for late surrender.
Whether the penalty imposed is in accordance with the State Government guidelines of 2.8.2011.
1 provisions across 1 enactments
Mangesh Madhav Kapate
State of Maharashtra and others
B.R. Gavai
Mrs. Swapna Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
