Raju Dadaba Borage vs The State Of Maharashtra
2018 Latest Caselaw 932 Bom

 jdk                                                  1                                              13.crwp.5281.17.j.doc



              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CRIMINAL APPELLATE JURISDICTION
                CRIMINAL WRIT PETITION NO. 5281 OF 2017


Raju Dadaba Borge                                                                ]
C-9015, Nasik Road                                                               ]
Central Prison, Nasik                                                            ].. Petitioner

                    Vs.

The State of Maharashtra                                                         ].. Respondent


                              ....
Ms. Rohini Dandekar Advocate appointed for Petitioner
Mrs. G.P.Mulekar A.P.P. for the State
                              ....


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

DATED : JANUARY 24, 2018

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

1                   Heard both sides.



2                   The petitioner is undergoing life imprisonment in Nasik

Road Central Prison, Nasik. It is the case of the petitioner that

he is eligible for two years special remission on account of

Golden Jubilee of Indian Independence, however, as the said two

years remission has not been granted to him, he has preferred

the present petition.

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            3                   In Government Resolution dated 6.8.1997, it is stated

that prisoners who are undergoing life imprisonment, shall get

two years of special remission on account of Golden Jubilee of

Indian Independence. Ms. Dandekar for the petitioner pointed

out that there are five categories in the said Govt. Resolution

who cannot be granted the benefit of the said Govt. Resolution

and stated that the petitioner does not fall in any of the

categories, hence, he ought to have been given the said

remission. Perusal of the said Govt. Resolution shows that five

categories of persons cannot be granted this remission and the

petitioner does not fall under any of these categories. Thus, we

find that the contention of Ms. Dandekar is correct and the

petitioner ought to have been given this special remission. In

this view of the matter, rule is made absolute in above terms.

Petition is allowed.

4 Office to communicate this order to the petitioner who

is in Nasik Road Central Prison, Nasik.

            M.S.KARNIK, J.                                                                            ACTING CHIEF JUSTICE

kandarkar




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