Application for prisoner remission where petitioner is a life convict. Court ordered State Government to decide on release proposal within eight weeks.
Direction issued to State Government to take decision on proposal for release of petitioner within eight weeks.
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Cr.WP 236/16
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL WRIT PETITION NO.236/2016
Santosh Mahadeo Erande (C-4282),
age 35 yrs., Open District Prison,
Tq.Paithan Dist.Aurangabad.
...Petitioner..
Versus
The State of Maharashtra.
...Respondent...
.....
Shri Umakant Patil, Advocate appointed for petitioner.
Shri M.M. Nerlikar, APP for respondent.
.....
CORAM: R.M. BORDE &
K.L. WADANE, JJ.
DATE: 12.04.2016
ORDER :
1]Rule. Rule made returnable forthwith and heard
finally with the consent of learned counsel for the
parties.
2]The petitioner is a life convict, who is
undergoing sentence of imprisonment and is lodged at
Yerwada Prison, Pune. The petitioner has undergone
Cr.WP 236/16
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actual period of imprisonment of 15 years, 7 months and 4
days, whereas he was under-trial prisoner for 1 year, 9
months and 15 days. The remission applicable to the case
of the petitioner is 9 years, 6 months and 1 day. The
petitioner has undergone the total imprisonment including
the period of remission to the extent of 25 years, 1
month and 5 days. On consideration of nature of offence
and the allegations leveled against the petitioner, he
has been categorized as Category 2(c) prisoner and is
required to undergo imprisonment including the period of
set-off to the extent of 26 years. The aforesaid
categorization has been recommended by the Inspector
General of Prisons. The State Government, however, is
expected to consider the facts of this case and
categorize the prisoner in an appropriate category and
prescribe the period of imprisonment required to be
undergone by the prisoner.
3]In the instant matter, it is informed by the
learned APP appearing for the State that the papers have
already been transmitted to the State Government together
with proposal and appropriate decision has to be taken by
the State Government.
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4]In these circumstances, we dispose of this
petition with a direction to the State Government to take
decision on the proposal for release of the petitioner as
expeditiously as possible and preferably within a period
of eight weeks from today. Rule is made absolute
accordingly.
5]Shri Umakant Patil, learned counsel appointed to
assist the Court, shall be paid legal remuneration of
Rs.5,000/-. Shri Patil states that he is not interested
in claiming the amount and the said amount shall be
directed to be transferred to the account of library of
High Court Bar Association. The Registry is directed to
transfer the said amount to the library account of High
Court Bar Association at Aurangabad.
ndk/ cr1241611.doc
Santosh Mahadeo Erande
The State of Maharashtra
R.M. Borde
K.L. Wadane
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court