Mehboob Sahebjade Pirjade vs The State Of Maharashtra
2018 Latest Caselaw 469 Bom

                                                                                    30.wp 5037.17.doc

Urmila Ingale

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CRIMINAL APPELLATE JURISDICTION
                           CRIMINAL WRIT PETITION NO. 5037 OF 2017


                 Mehboob Sahebjade Pirjade                             .. Petitioner

                         Vs.

                 The State of Maharashtra                              .. Respondent


                 Mr.Prosper D'Souza, for the Petitioner.
                 Mrs.G.P. Mulekar, APP  for State.


                                        CORAM : SMT. V.K.TAHILRAMANI ACTING C.J.
                                                 AND M.S.KARNIK, J.

15th JANUARY, 2018

ORAL JUDGMENT (PER SMT.

                                           V                              :
                                             .K.TAHILRAMANI  ACTING C.J.)
                                                             

                 1.               Heard both sides.

2. The petitioner being aggrieved by the denial of 3

month's remission has preferred this Petition. 3 month's State

remission was being granted to the prisoners on account of 125 th

Birth Anniversary of Dr.Babasaheb Ambedkar. The authority did

not think it to be a fit case to grant the said remission to the

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petitioner as in view of the said notification dated 03/06/2017,

the petitioner was not eligible to be granted the said remission.

Hence, the case of the petitioner was placed before the

Additional Sessions Judge, Sangli. The Additional Sessions

Judge observed that the petitioner does not deserve any

commutation in the sentence.

3. The jail record of the petitioner shows that when he

was released on parole on 02/08/2009, the petitioner had to

surrender back on 31/08/2009. However, the petitioner did not

surrender back to the prison in time and there was delay of 68

days in reporting back to the prison. He surrendered back on

08/11/2009. The notification dated 03/06/2017 which relates

to remission being granted to the prisoners on account of 125 th

Birth Anniversary of Dr.Babasaheb Ambedkar lays down 6 cases

in which a prisoner would not be eligible to be granted the said

remission of 3 months. One of the categories is in relation to

unauthorised stay outside the prison. The jail record of the

petitioner clearly shows that the petitioner has remained outside

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the prison unauthorisedly for 68 days. In this view of the

matter, the petitioner cannot be granted the said remission.

Hence, we are not inclined to interfere. Rule is discharged.

(M.S.KARNIK, J.) (ACTING CHIEF JUSTICE)