A petition seeking commutation of sentence was examined. The petitioner had completed his sentence and was released by the Home Department after the petitioner claims. The court held the petition infructuous and discharged the rule filed by the court.
Rule discharged as the petition is now infructuous due to the petitioner's release.
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.
9 -2-wp 2303-14.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 2303 of 2014
Vishwas Namdeo Fase .. Petitioner
v/s.
The State of Maharashtra . ..Respondents
Mr. Yashpal Thakur, Advocate appointed for the Petitioner. Mr.H.J.Dedia, APP for the Respondent/State.
CORAM : SMT. V.K.TAHILRAMANI &
SMT. ANUJA PRABHUDESSAI, JJ. DATED : MARCH 23, 2016.
P.C.
completed 14 years of actual imprisonment and his case has been referred to the Home Department for commutation of sentence.
However, despite the fact that the papers have been sent to the Home
department long time back, yet no decision has been taken thereon
by the Home department.
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9 -2-wp 2303-14.doc
completed the period of imprisonment and he has been directed to be released by the Home Department, pursuant to which the petitioner has been released from the prison.
(ANUJA PRABHUDESSAI, J.)
(SMT. V.K.TAHILRAMANI, J.)
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2 issues framed by the court
Whether a criminal writ petition regarding commutation of sentence survives after the petitioner has been released by the Home Department.
Whether the petition is maintainable when the petitioner has completed the required period of imprisonment and been released.
Vishwas Namdeo Fase
The State of Maharashtra
V.K. Tahilramani
Anuja Prabhu Dessai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
