Narsing Motisa Arshid vs The State Of Maharashtra
2016 Latest Caselaw 2155 Bom

                                                                           Cr.WP 470/16   
      
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              IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                         BENCH AT AURANGABAD                                              




                                                        
                                          

                                        CRIMINAL WRIT PETITION NO.470/2016




                                                       
                      Narsing s/o Motilal Arshid,
                      age major, occu.Prisoner No.C-4326,
                      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 K.S. Patil, 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

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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 issuance of directions

to the respondent - authorities to consider the proposal

for his premature release from prison. The petitioner is

a life convict undergoing sentence of imprisonment at

Open Prison, Paithan. The petitioner was arrested on

10.5.2001 and has undergone a total period of actual

imprisonment for 14 years 7 months and 21 days. He is

held entitled for remissions of 9 years and 9 days. As

such the total period of imprisonment undergone by the

petitioner till 31.3.2016 is 23 years and 8 months. The

petitioner has been categorized as Category No.2(C)

prisoner as per the Government resolution dated 11.4.2008

and is entitled to be released on completion of 26 years

imprisonment. A proposal in that regard has been

tendered to the Principal Secretary of the State

Government on 23.2.2015 and the same is stated to be

pending.

3] In this view of the matter, the instant petition

can be disposed of by directing the respondents to take

decision on the proposal as expeditiously as possible and

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preferably within a period of four months from today.

Rule is made absolute in above terms.

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.) ig (R.M. BORDE, J.)

ndk/cr251623.doc