Dipak Maruti Parte (Convict No ... vs The State Of Maharashtra

Citation : 2016 Latest Caselaw 2150 Bom
Judgement Date : 2 May, 2016

Bombay High Court
Dipak Maruti Parte (Convict No ... vs The State Of Maharashtra on 2 May, 2016
Bench: R.M. Borde
                                                                               Cr.WP 479/16   
      
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              IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                         BENCH AT AURANGABAD                                                  




                                                        
                                          

                                        CRIMINAL WRIT PETITION NO.479/2016




                                                       
                      Deepak s/o Maruti Parte,
                      age major, occu.Prisoner No.C-4318,
                      r/o  At present in Open Prison,
                      Paithan Dist.Aurangabad. 
                                         ...Petitioner..




                                               
                             Versus

                              1]
                                    ig  State of Maharashtra,
                                        through Secretary,
                                        Home Department, Mantralaya,
                                  
                                        Mumbai-32.

                              2]        The Inspector General of
                                        Prisons, Maharashtra State,
                                        Pune.
      


                              3]
                      The Superintendent of Open Prison,
   



                      Paithan Dist.Aurangabad. 
                                          ...Respondents... 
                                                           
                              .....





    Smt.B.B. Gunjal, Advocate appointed for petitioner.
    Shri S.J. Salgare, APP for respondent nos.1 to 3. 
                              .....
      
                                CORAM: R.M. BORDE &





                                        K.L. WADANE, JJ. 

DATE: 02.05.2016 ORAL JUDGMENT (Per Borde, J.) :

1] Heard learned counsel for the parties. Rule.

Rule made returnable forthwith and with the consent of ::: Uploaded on - 03/05/2016 ::: Downloaded on - 30/07/2016 00:40:01 ::: Cr.WP 479/16

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learned counsel for the parties, the petition is taken up for final disposal at the stage of admission.

2] The petitioner is praying for his premature release from prison since according to him, he has completed the period of imprisonment. The petitioner is the life convict undergoing imprisonment at Open Prison, Paithan.

3] It is informed that the petitioner has completed jail term of about 23 years togetherwith the remissions and he has been categorized as Category 4(C) prisoner as per the Government resolution dated 11.4.2008. The petitioner is entitled to be released on completion of 24 years of imprisonment and proposal in that regard has been already transmitted to the Government on 13.10.2014.

4] The learned APP appearing for the State, on instructions, informs that appropriate decision would be taken on the said proposal by the State Government as expeditiously as possible and preferably within a period of two months from today.

5] In this view of the matter, the criminal writ petition stands disposed of with a direction to the respondents to take appropriate decision on the proposal tendered on 23.10.2014 within a period of two months from ::: Uploaded on - 03/05/2016 ::: Downloaded on - 30/07/2016 00:40:01 ::: Cr.WP 479/16

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today. Rule is accordingly made absolute.

6] Learned counsel Smt.B.B. Gunjal appointed to assist the Court shall be paid legal remuneration of Rs.5,000/-.

               (K.L. WADANE, J.)                         (R.M. BORDE, J.) 




                                       
                             
                                  
                                 
      
   






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