The court dismissed the petition seeking remission benefit under a State Government Resolution. The petitioner was an undertrial prisoner at the time of the policy declaration and not a convict, thus ineligible for the benefit extended only to those undergoing sentence on that date.
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1/2 10-Wp-3345-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 3345 OF 2024
Vishal Kishor Desai .. Petitioner
Versus
State Of Maharashtra .. Respondent
Mr. Parth P. Shah, for the Petitioner.
Ms. S. S. Kaushik, A.P.P. for the State/Respondent.
CORAM : BHARATI DANGRE & MANJUSHA DESHPANDE, JJ.
DATED : 4th SEPTEMBER, 2024
P.C:-
Chaitanya
2/2 10-Wp-3345-2024.doc
High Court Legal Services Committee, to represent the Petitioner.
We have perused the grievance of the Petitioner, what we have noticed is that the Petitioner was arrested on 26.03.2016, for committing an offence under the Protection of Children from Sexual Offences Act (“POCSO Act”) alongwith under Section 323 of the Indian Penal Code. On being tried by the Additional Sessions Judge, Dindoshi, Borivali Division, by Judgment and Order dated 05.01.2022, he has been sentenced to undergo imprisonment of 10 years alongwith the fine.
Necessarily, the Petition must fail and liable to be dismissed.
(MANJUSHA DESHPANDE,J.) (BHARATI DANGRE, J.)
Chaitanya
1 issue framed by the court
Is an undertrial prisoner entitled to the benefit of remission granted by Government Resolution dated 03.06.2017?
2 provisions across 2 enactments
Vishal Kishor Desai
State Of Maharashtra
Bharati Dangre
Manjusha Deshpande
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
