Partly allowed

Yovel Vijaykumar Gorai v. the State of Maharashtra

Bombay HC18 Jun 2019WP/1387/2019

Case brief

AI extract

What is this about?

Criminal Writ Petition challenging denial of remission benefit for Babasaheb Ambedkar Birth Anniversary due to negative recommendation from punishing court. Court quashed recommendation based solely on sessions record and directed fresh appraisal.

What did the court decide?

Quashed recommendation dated 12.7.2017 and subsequent government decision; directed respondent to decide afresh within 12 weeks.

Yovel Vijaykumar Gorai Vs the State of Maharashtra — Bail and Remand | Bombay HC (2019)

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Nalawade

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16-wp-1387-19.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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CRIMINAL WRIT PETITION NO. 1387 OF 2019

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Yovel Vijaykumar Gorai ….Petitioner. vs.

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The State of Maharashtra ….Respondent.

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Mr. S.A. Inamdar for the Petitioner. Mr. Arfan Sait, APP. for the State.

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CORAM : B.P.DHARMADHIKARI & SMT. SWAPNA S. JOSHI, JJ. DATE : 18^th June, 2019

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PC :

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Benefit of remission on account of 125^th Birth Anniversary of Dr. Babasaheb Ambekdar permitted by State Govt. as per its policy decision dated 3.6.2017 has been denied to petitioner by respondent State on the ground that there is negative recommendation from the punishing court.

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After hearing learned counsel (appointed) and learned APP it is not in dispute that here negative recommendation given on 12.7.2017 by District Judge-1 and Additional Sessions Judge, Sangli is only after perusal of sessions court record.

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Our attention has been drawn to Division Bench Judgment reported

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in 2019 ALL MR (Cri) 1125 where identical recommendation and very

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Nalawade

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16-wp-1387-19.doc

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same GR dated 3.6.2017 has been considered. The Division Bench there has found that, while making such recommendation the concerned court cannot rely only upon the record of sessions case. The Division Bench found that said judicial appraisal was unsustainable and hence, direction to obtain a fresh appraisal and then to take decision was issued by the Division Bench. 4. In the light of arguments advanced before us, we find that similar course can be adopted here. Accordingly, we quash and set aside the recommendation dated 12.7.2017 sent by District Judge-1 and Additional

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Sessions Judge, Sangli and the subsequent decision, if any, by the appropriate Government.

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We direct the respondent to proceed further in the matter in accordance with law and take suitable decision afresh within next 12 weeks. Petition thus partly allowed and disposed off.

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(SMT. SWAPNA S. JOSHI, J.)

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( B.P.DHARMADHIKARI, J.)

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Yovel Vijaykumar Gorai v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Yovel Vijaykumar Gorai v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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