Rekha Rajendra Magar vs The State Of Maharashtra And Anr
2016 Latest Caselaw 6420 Bom

     jdk                                                  1                                              3.crwp.3629.16.j.doc


                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY




                                                                                                                      
                        CRIMINAL APPELLATE JURISDICTION
                    CRIMINAL WRIT PETITION NO. 3629 OF 2016




                                                                                              
    Sou. Rekha Rajendra Magar           ]
    Age 37 years, Occ: Nil              ]
    Residing at Sagunamatnagar, Malthan]
    Taluka Phaltan, Dist. Satara,       ]




                                                                                             
    (At present lodged at Yerawada      ]
    Female Prison as Convict No. C- 28) ].. Petitioner

                        Vs.




                                                                         
    1. The State of Maharashtra                                                     ]
       Through Secretary, Home Deptt.          ig                                   ]
       Mantralaya, Mumbai-400032                                                    ]
                                                                                    ]
    2. The Superintendent,                                                          ]
                                             
       Yerawada Female Prison,                                                      ]
       Pune                                                                         ].. Respondent

                                   ....
          

    Mr. D.G. Khamkar Advocate for Petitioner
    Mr. H.J. Dedia A.P.P. for the State
       



                                   ....

                                            CORAM : SMT.V.K.TAHILRAMANI AND
                                                    MRS. MRIDULA BHATKAR, JJ.

DATED : OCTOBER 27, 2016

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

1 Heard both sides. Rule. Rule is made returnable

forthwith. By consent, matter is taken up for final hearing.

    2                   The petitioner has been mainly convicted under

    Section 302 of IPC.                                     The petitioner is undergoing life

                                                                                                        1   of  2





              jdk                                                  2                                              3.crwp.3629.16.j.doc

imprisonment. The prayer of the petitioner is that direction be

issued to the respondent to decide the case of the petitioner

for premature release as per the Guidelines of the State

Government, expeditiously.

3 The learned A.P.P. on instructions states that the case

of the petitioner has been decided for premature release as per

the Guidelines of the State Government and pursuant to the

categorization as per the Guidelines, the petitioner has infact,

been released from prison after completing the period of

imprisonment. The learned A.P.P. tendered the report of the

Superintendent of Yerawada Woman Open Prison, Pune which

shows that the petitioner has been released from prison after

undergoing the period of imprisonment as stated in the

Guidelines set out by the Government. In this view of the

matter, nothing further survives in this petition. Hence, the

petition is dismissed. Rule is discharged.

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

kandarkar

2 of 2