Bombay High Court
Rajendra Kedarnath Tiwari (In ... vs State Of Mah. Thr. Deputy ... on 25 August, 2021
Bench: V.M. Deshpande, Amit B. Borkar
Judgment 1 wp153.20.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
CRIMINAL WRIT PETITION NO. 153/2020
Rajendra Kedarnath Tiwari,
Tiwari,
Convict No. C/9060, Aged 45 years,
Occ. Nil, Confined at Central Prison, Nagpur
.... PETITIONER
// VERSUS //
1] State of Maharashtra,
Maharashtra,
Through Deputy Inspector General of Prison,
Eastern Region, Nagpur
2] The Superintendent,
Superintendent,
Central Prison, Nagpur
.... RESPONDENT(S)
********************************************************************************
Ms. S.D. Wankhede, Advocate for the petitioner(s)
Shri T.A. Mirza, APP for the respondent/State
********************************************************************************
CORAM : V.M. DESHPANDE & AMIT B. BORKAR, JJ.
AUGUST 25, 2021
JUDGMENT : (PER:- AMIT B. BORKAR, J.)
1] Heard.
2] RULE. Rule made returnable forthwith.
ANSARI
Judgment 2 wp153.20.odt
3] By this petition, the petitioner is challenging the impugned order
passed by the respondent no. 1 appraised by the learned Chief Judicial Magistrate,
Nagpur on 23/08/2019 thereby cutting the remission awarded to the petitioner for
period of 60 days. The petitioner is a convict for the offences punishable under
Sections 302 and 324 of the Indian Penal Code and is undergoing sentence of
imprisonment for life. The petitioner has completed more than 14 years of
imprisonment. The respondent no. 1 - Authority by way of the impugned order had
passed an order cutting the remission of 60 days which has been approved by the
learned Chief Judicial Magistrate, Nagpur. The petitioner has therefore filed the
present petition challenging the order of cutting the remission and also the order
dated 23/08/2019 passed by the learned Chief Judicial Magistrate, Nagpur.
4] This Court on 18/02/2021 issued notices to the respondents. The
respondent no. 2 in pursuance of the notice issued by this Court has filed affidavit
dated 24/03/2021 in which it is stated that on 01/12/2018, Constable Shivkumar
Jambhulkar along with watchman noticed some suspicious activities of the petitioner.
Upon search of the petitioner, they found kharra wrapped in plastic paper in his
pocket. The respondent no. 2 therefore issued show cause notice dated 06/12/2018
calling upon the petitioner to explain as to why action for violation of Rule 17(iii)
and (ix) of the Maharashtra Prisons Manual, 1979 should not be taken against the
petitioner. The petitioner submitted his reply dated 12/12/2018 wherein he admitted
the fact that he consumed kharra and stored the same in his pocket. The respondent -
Authority passed the proposed order dated 28/03/2019 depriving 60 days remission
ANSARI
Judgment 3 wp153.20.odt
to the petitioner. The order dated 28/03/2019 came into effect after it was approved
by the respondent no. 1 and the appraisal report was sent to the learned Chief
Judicial Magistrate, Nagpur who accepted the said report / proposal by the order
dated 23/08/2019.
5] We have carefully considered Rule 17(iii) & (ix) of the Maharashtra
Prisons Manual, 1979. From the material on record, it appears that the prison offence
of consuming, secreting and storing kharra is a major prison offence and the
petitioner has committed such offence earlier also. The present offence is second
major prison offence of the petitioner. We are therefore satisfied that the learned
Chief Judicial Magistrate, Nagpur was justified in approving the proposal of the
respondent no. 1 - Deputy Inspector General Of Prisons, Nagpur dated 03/05/2019.
6] There is no merit in the petition and the same is dismissed. Rule is
discharged. Pending application(s), if any, stand(s) disposed of.
(JUDGE) (JUDGE)
ANSARI
