Takku Singh S/O Ajit Singh Kalyani vs The State Of Maharashtra And Ors
2016 Latest Caselaw 4872 Bom

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                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY




                                                                                                                      
                        CRIMINAL APPELLATE JURISDICTION
                    CRIMINAL WRIT PETITION NO. 2448 OF 2016




                                                                                              
    Takku Singh Ajit Singh
    Kalyani                                                                         .. Petitioner

                        Vs.




                                                                                             
    The State of Maharashtra & Ors.                                                 .. Respondents

                                  ....
    Mrs. Harjeet Kaur Bhagwant Singh Advocate for Petitioner




                                                                         
    Mr. H.J.Dedia A.P.P. for the State
                                  ....        
                                            CORAM : SMT.V.K.TAHILRAMANI AND
                                             
                                                    MRS. MRIDULA BHATKAR, JJ.

DATED : AUGUST 24, 2016

ORAL JUDGMENT : [PER SMT. V.K.TAHILRAMANI, J. ]:

1 Heard both sides. Rule. By consent, rule is made

returnable forthwith.

2 The petitioner was granted furlough from 14.5.2010

to 28.5.2010. The petitioner was to surrender on 29.5.2010,

however, the petitioner did not surrender in time and there was

delay on his part of 179 days in surrendering back to the

prison. On account of overstay of 179 days, the petitioner was

removed from remission register for five years. The petitioner

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has prayed that this aspect of removing him from the remission

register for five years, be set aside.

3 It is an admitted fact that the petitioner was not

arrested by the police and brought back to the prison but the

petitioner surrendered on his own to the prison though late.

The petitioner has stated the reasons why there was delay on

his part in reporting back to the prison. It appears that on

account of many household issues, the petitioner could not

report back to the prison in time. Looking to the fact that the

petitioner surrendered on his own to the prison and other facts

and circumstances of this case, we reduce the prison

punishment from removing the petitioner from remission

register for five years to cutting of remission of three days for

each day of overstay.

4 Rule is made absolute in above terms. Petition is

disposed of accordingly.

[ MRS. MRIDULA BHATKAR, J.] [ SMT. V.K.TAHILRAMANI,J. ]

kandarkar

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