The High Court dismissed a plea for setting aside prison punishment imposed due to repeated parole overstays and commissions of offences during parole. The court held no case was made out for relief.
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.
Sherla V.
wp.1686.2016_5(1).doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.1686 OF 2016
Shri Vijay Baburao Chougule ... Petitioner Vs. The State of Maharashtra & anr. ... Respondents
WITH CRIMINAL APPLICATION NO.268 OF 2016
IN
CRIMINAL WRIT PETITION NO.1686 OF 2016
Shri Viraj Udaty Potadar … Intervener IN THE MATTER BETWEEN Shri Vijay Baburao Chougule ... Petitioner Vs. The State of Maharashtra & anr. ... Respondents
Mr.Wasim N. Samlewale for the Petitioner Mrs.U.V. Kejriwal, APP, for Respondent State Mr.Datta Mane, for Intervener
CORAM: SMT. V.K. TAHILRAMANI & MRS.MRIDULA BHATKAR, JJ.
DATE: JUNE 27, 2016
P.C.:
the State. Also heard the learned Counsel for the Intervener.
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wp.1686.2016_5(1).doc
punishment was imposed on him of cutting of remission of 5 days for each day's overstay. Thereafter, the petitioner was released on parole on 2.4.2011. There was overstay of 144 days. Hence, remission of 3 years was deducted. The prayer of the petitioner is that both these punishments of cutting of remission be set aside.
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wp.1686.2016_5(1).doc
On the second occasion, the petitioner did not surrender back to the prison but he absconded and he had to be arrested by the police and brought back to the prison. Thereafter, it is seen that the petitioner was released on parole on 12.5.2014 to 12.6.2014. On this occasion also, the petitioner did not report back to the prison in time and there was overstay on his part of 504 days when the petitioner was released on parole on 12.5.2014. During the period when he was out, the petitioner committed another offence. The said offence was under sections 384, 385, 387 of Indian Penal Code. The case is registered at FIR No.164 of 2014 at Karveer police station, Kolhapur. Thus, it is seen that the petitioner on the first occasion, overstayed by 111 days. Thereafter by 144 days and thereafter by 504 days. It is seen that the petitioner not only overstayed his parole period, but while he was on parole, he has committed offences on all these three occasions. In this view of the matter, no sympathy can be shown to the petitioner. No case is made out for setting aside the prison punishment.
(MRIDULA BHATKAR, J.) (V.K. TAHILRAMANI, J.)
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1 issue framed by the court
Whether the prison punishment for cutting remission due to parole overstay and commission of offences during parole should be set aside.
Shri Vijay Baburao Chougule
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
