This judgment disposed of a criminal writ petition where the petitioner challenged his permanent removal from the remission register due to an unauthorized overstay of 570 days. The High Court held that the removal was lawful under the Prisons Act notification.
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.
15. cri wp 727-17.doc
RMA
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 727 OF 2017
Aba Umrao Shinde
.. Petitioner
Versus
The State of Maharashtra
.. Respondent
Appearances
| Mr. Prosper D'Souza | Advocate (appointed) for the Petitioner |
|---|---|
| Mr. H.J. Dedhia | APP for the State |
CORAM : SMT. V.K. TAHILRAMANI &
M.S. KARNIK, JJ.
DATE : APRIL 20, 2017.
ORAL JUDGMENT [PER SMT. V.K. TAHILRAMANI, J.] :
2. The petitioner has preferred this petition being
aggrieved by the fact that he was permanently removed
from the remission register.
petitioner was arrested in the year 2007 for committing an
jfoanz vkacsjdj 1 of 5
15. cri wp 727-17.doc
offence under Sections 396 and 342 of IPC. The petitioner was sentenced to undergo life imprisonment. The petitioner applied for parole leave on 9.11.2011 on the ground of illness of his wife. The said application was granted and the petitioner was released on parole leave for a period of 30 days i.e from 10.4.2012 to 11.5.2012. The petitioner thereafter preferred an application for extension of parole
leave for a further period of 30 days. The said application was granted and the parole leave was extended from 11.5.2012 to 9.6.2012. Thereafter, the petitioner preferred application for second extension of parole leave for a further period of 30 days i.e from 10.6.2012 to 9.7.2012. The said application came to be rejected. The petitioner had to surrender on 10.6.2012, however, he did not surrender
before the prison authorities. As the petitioner did not report back to the prison in time and he had absconded, FIR came to be lodged against him under Section 224 of IPC at Kalamb Police Station, Usmanabad vide FIR No. 72/13 dated 22.10.2013. Thereafter, the petitioner was traced and
jfoanz vkacsjdj 2 of 5
15. cri wp 727-17.doc
arrested by the police on 1.1.2014 and brought back to the prison on 3.1.2014. Thus, the petitioner had overstayed for 570 days.
4. On account of overstay of 570 days, show cause notice
was issued to the petitioner on 21.4.2014. The petitioner submitted his explanation stating that the overstay was on
account of illness of his wife. However, no supporting documents i.e medical papers were submitted to the office to substantiate the claim that he had overstayed on account of illness of his wife. After considering the facts and circumstances of this case and the fact that the medical papers were not submitted, the Superintendent of Jail proposed the punishment to remove the petitioner from the
remission system as per the guideline issued on 2.8.2011 Thereafter, the proposal was submitted to the Deputy Inspector General of Prisons, Western Region, Pune vide letter dated 27.2.2012. The Deputy Inspector General of
Prisons, Western Region, Pune sanctioned the said proposal
jfoanz vkacsjdj 3 of 5
15. cri wp 727-17.doc
on 22.4.2015. Thereafter, the proposal was sent to the Sessions Judge, Pune for approval. The Sessions Court approved the punishment of removing the petitioner from the remission system. Thereafter, the punishment was implemented on 6.2.2016.
clearly states that if a prisoner stays outside the jail unauthorizedly for a period of six months or more, his remission will be cut permanently. This is stated in clause 8
jfoanz vkacsjdj 4 of 5
15. cri wp 727-17.doc
of the said notification. The petitioner is clearly covered by clause 8 of the said notification, hence, we cannot find any fault with the authorities for removing the petitioner from the remission system permanently. No case is made out for interference. Rule is discharged.
[ M.S. KARNIK, J. ] [ SMT. V.K. TAHILRAMANI, J. ]
5 of 5
jfoanz vkacsjdj
2 issues framed by the court
Whether the petitioner's permanent removal from the remission register is lawful given his unauthorized overstay of six months.
Whether the authorities acted correctly in rejecting the petitioner's claim of overstay due to family illness without supporting medical evidence.
2 provisions across 2 enactments
Aba Umrao Shinde
The State of Maharashtra
V.K. Tahilramani
M.S. Karnik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
