Petitioner convicted prisoner challenged cutting of remission for overstaying parole without prior decision on extension applications. Court noted A.P.P. admitted first extension order granted October 2016 and second pending. Petition disposed accordingly.
Rule discharged; no further orders as A.P.P. admitted first extension granted.
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.
wp.4537.16.12.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 4537 OF 2016
Rakesh Vilas Jadhav, Age – 32 years, Convict-673 Present lodged at Yerwada Open Dist. Prison, Class-I, Pune – 411 006 ...Petitioner
Versus
Mr. Prosper D'Souza, appointed Advocate for the Petitioner
Mr. H. J. Dedia, A.P.P for the Respondents-State
CORAM : SMT. V. K. TAHILRAMANI & REVATI MOHITE DERE, JJ. TUESDAY, 17th JANUARY, 2017
ORAL JUDGMENT (Per Smt. V. K. Tahilramani, J.) :
the ground of illness of his wife. The application was granted
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wp.4537.16.12.doc
and he was released on parole on 4th March, 2009 for a period of 30 days. The petitioner had to surrender on 2nd April, 2009. In the meanwhile, the petitioner preferred an application for extension of parole from 2nd April, 2009 to 1st May, 2009. The said application was not decided and it remained pending. In the meanwhile, the petitioner preferred second application for extension on parole for the period from 2nd May, 2009 to 31st May, 2009. The grievance of the petitioner is that both his applications for extension of parole were not decided and instead, it is stated that he had overstayed for 57 days and prison punishment of cutting of remission of 4 days for each day of overstay was imposed. Thus, for overstay of 57 days, remission of 228 days was cut.
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wp.4537.16.12.doc
(REVATI MOHITE DERE, J.) (V. K. TAHILRAMANI, J.)
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3 issues framed by the court
Whether to modify prison punishment for overstay of parole granted subsequently.
Whether parole extension applications remaining pending justify cutting remission.
To grant relief in criminal writ petition regarding parole proceedings.
1 provisions across 1 enactments
Rakesh Vilas Jadhav
State of Maharashtra
The Divisional Commissioner, Pune
The Superintendent, Yerwada Central Prison, Pune
V. K. Tahilramani
Revati Mohite Dere
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
