Disposed

Francis S/O Santiyago John Santiyago v. State of Mha. Thr. the Secretary Home Dep. Mantralaya Mumbai 32 and Another

Bombay HC1 Nov 2023WP/876/2022

Case brief

AI extract

What is this about?

In a criminal writ petition, the petitioner, serving a life sentence, sought remission rejected by the State Government under residuary category No.8. The Bench directed the State to reconsider the case on merits after obtaining the Sessions Judge's opinion within four weeks, relying on a recent guiding decision.

What did the court decide?

Directed respondent No. 2 to obtain Sessions Judge's opinion, and respondent No. 1 to reconsider the petitioner's case for remission within four weeks.

Francis S/O Santiyago John Santiyago Vs State… — Pension and Retirement Benefits | Bombay HC (2023)

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2023:BHC-NAG:15938-DB

Judgment

04 wp 876.22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY : NAGPUR BENCH : NAGPUR.

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CRIMINAL WRIT PETITION NO. 876/2022

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Francis s/o Santiyago John Santiyago,
Convict No. C/98, Aged 60 yrs.,
Occ. Nil, R/o. Bajaj Chowk, Sitasawamgi,
Tah. Tumsar, Dist. Bhandara.
[presently confined at Gadchiroli
District Open Prison, Gadchiroli]

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 …. PETITIONER

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VERSUS

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1.State of Maharashtra,
through the Secretary, Home Department,
Mantralaya, Mumbai – 32.

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2. The Superintendent, Gadchiroli, District Open Prison, Gadchiroli.

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…RESPONDENTS

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Ms. Shweta Whankhede/Chavhan, Advocate for petitioner.
Mrs. N.R. Tripati, APP assisted by Mr. M.J.Khan, APP for respondent
Nos. 1 & 2.

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 CORAM: VINAY JOSHI AND

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 M. W. CHANDWANI, JJ.

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 DATE: 01.11.2023.

Judgment

04 wp 876.22

ORAL JUDGMENT (PER VINAY JOSHI, J.) :

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Heard.

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2.The petitioner was initially convicted for the offence
punishable under Sections 302 and 309 of the Indian Penal Code in
Sessions Trial No. 21/2003 vide order dated 12.05.2006. Later on,
the petitioner was again convicted for the offence punishable under
Sections 302 and 324 of the Indian Penal Code in Sessions Trial No.
54/2005 vide order dated 15.05.2007.

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3.The petitioner is undergoing the sentence since then. The
petitioner has already undergone 18 years of actual imprisonment
including remission of 26 years. The petitioner has urged for grant
of remission. The authorities have declined to grant remission
forever by placing the petitioner in residuary category No.8 as per
guidelines dated 15.03.2010. As per guidelines, the State
Government shall decide individual case on merits, if he is placed in
such a category. According to the State, the petitioner’s case was
considered and the State Government took a decision that he is not
entitled for remission at all. We have noticed that category No. 6(b)
and 6(c) also playes relevance as regards to the petitioner.

Judgment

04 wp 876.22

4.In the light of the decision of this Court in Criminal Writ
Petition No. 950/2022 [Bharat s/o Fakira Dhivar Vs. The State of
Maharashtra & anr.] with connected matter decided on 22.11.2022,
we direct respondent No.2 to call upon the opinion of the Sessions
Judge and thereafter respondent No.1 shall reconsider the
petitioner’s case and take appropriate decision within four weeks
from the receipt of the report.

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5. Petition stands disposed of in above terms.

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(M. W. CHANDWANI, J.) (VINAY JOSHI, J.)

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Gohane

Francis S/O Santiyago John Santiyago v. State of Mha. Thr. the Secretary Home Dep. Mantralaya Mumbai 32 and Another

Case brief

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Francis S/O Santiyago John Santiyago v. State of Mha. Thr. the Secretary Home Dep. Mantralaya Mumbai 32 and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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