Uday Narayan Khot vs The State Of Maharashtra And Anr
2016 Latest Caselaw 5197 Bom

     jdk                                                1                                              13.crwp.1147.16.j.doc


                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY




                                                                                                                      
                        CRIMINAL APPELLATE JURISDICTION
                    CRIMINAL WRIT PETITION NO. 1147 OF 2016




                                                                                              
    Uday Narayan Khot                                                               ]
    Age 31 years, Occ: Nil                                                          ]
    Residing at Village and Post                                                    ]
    Kadave, Taluka Shahuwadi,                                                       ]




                                                                                             
    Dist. Kolhapur                                                                  ]
    At present lodged at Kolhapur                                                   ]
    District Open Prison, Kallamba                                                  ]
    Kolhapur. Convict No. C-98                                                      ].. Petitioner




                                                                         
                        Vs.

    1. The State of Maharashtra
       Through Secretary, Home Deptt.
                                               ig                                   ]
                                                                                    ]
       Mantralaya, Mumbai-400032                                                    ]
                                             
                                                                                    ]
    2. The Superintendent,                                                          ]
       Kolhapur District Open Prison,                                               ]
       Kallamba, Kolhapur                                                           ].. Respondents
          
       



                                  ....
    Mr. Daulat 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 : SEPTEMBER 06, 2016

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

1 Rule. Rule is made returnable forthwith. By

consent, matter is taken up for final hearing. Heard both sides.

                                                                                                        1   of  2





              jdk                                                2                                              13.crwp.1147.16.j.doc

            2                   The petitioner has been convicted under Section 302




                                                                                                                              

of IPC. The case of the petitioner is that he has completed 14

years of actual imprisonment. It is the contention of the

petitioner that his case has been referred to the Home

Department, Mantralaya Mumbai for commutation of sentence,

however, no decision is being taken thereon, hence, this

petition.

The learned A.P.P. handed over the order of the Home

Department dated 3.9.2016. The said order shows that the

case of the petitioner for pre-mature release, has been

considered and he has been placed in category 3-b of 2010

Guidelines. The said letter along with order dated 3.9.2016 is

taken on record and marked "X-Colly" for identification.

4 In view of the above, as the case of the petitioner has

already been decided, the grievance of the petitioner does not

survive, hence, Rule is discharged.

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

kandarkar

2 of 2