Dipak Maruti Parte (Convict No ... vs The State Of Maharashtra
2016 Latest Caselaw 2150 Bom

                                                                               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

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

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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.) 




                                       
                             
                                  
                                 
      
   






    ndk/cr251614.doc