In a criminal writ petition, the court held that as the petitioner had been placed in Category 3-b by the Home Department for premature release after 14 years of imprisonment, his grievance was disposed of and the rule was discharged. The matter was heard at a final hearing.
Rule is discharged.
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jdk 1 13.crwp.1147.16.j.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1147 OF 2016
Uday Narayan Khot ] Age 31 years, Occ: Nil ] Residing at Village and Post ] Kadave, Taluka Shahuwadi, ] Dist. Kolhapur ] At present lodged at Kolhapur ] District Open Prison, Kallamba ] Kolhapur. Convict No. C-98 ].. Petitioner
Vs.
Mr. Daulat Khamkar Advocate for Petitioner Mr. H.J. Dedia A.P.P. for the State
CORAM : SMT.V.K.TAHILRAMANI AND MRS. MRIDULA BHATKAR, JJ.
DATED : SEPTEMBER 06, 2016
ORAL JUDGMENT : [PER SMT. V.K.TAHILRAMANI, J. ]:
1 Rule. Rule is made returnable forthwith. By
consent, matter is taken up for final hearing. Heard both sides.
1 of 2
jdk 2 13.crwp.1147.16.j.doc
2 The petitioner has been convicted under Section 302 of IPC. The case of the petitioner is that he has completed 14 years of actual imprisonment. It is the contention of the petitioner that his case has been referred to the Home Department, Mantralaya Mumbai for commutation of sentence, however, no decision is being taken thereon, hence, this petition.
3 The learned A.P.P. handed over the order of the Home Department dated 3.9.2016. The said order shows that the case of the petitioner for pre-mature release, has been considered and he has been placed in category 3-b of 2010 Guidelines. The said letter along with order dated 3.9.2016 is taken on record and marked “X-Colly” for identification.
4 In view of the above, as the case of the petitioner has already been decided, the grievance of the petitioner does not survive, hence, Rule is discharged.
[ MRS. MRIDULA BHATKAR, J.] [ SMT. V.K.TAHILRAMANI,J. ]
kandarkar
2 of 2
1 issue framed by the court
Whether the petitioner, convicted under Section 302 IPC who spent 14 years in jail and has been placed in Category 3-b for premature release by Home Department, has any further grievance regarding the
Uday Narayan Khot
The State of Maharashtra
V.K. Tahilramani
Mridula Bhatkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
