Sushil S/O Rambharose Bahuriya vs State Of Mah. Thr Its Secretary, ...
2021 Latest Caselaw 2328 Bom

Judgment                        (1)                     jg. cri. wp 134.20.odt




           IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                     NAGPUR BENCH, NAGPUR.

                CRIMINAL WRIT PETITION NO. 134/2020


        Sushil s/o Rambharose Bahuriya,
        aged about major,
        Convict No. C- 4767,
        Amravati Central Prison,
        Amravati.                                   .... PETITIONER


              // VERSUS //

1)      The State of Maharashtra
        Through its Secretary,
        Home Department, Mantralaya,
        Mumbai - 400 032.

2)      The Deputy Inspector General of Prison,
        Eastern Region, Nagpur.

3)      The Superintendent of prison,
        Amravati Central Prison,
        Amravati.                               .... RESPONDENTS
     ____________________________________________________________
        Shri R. M. Sharma, Advocate for the petitioner (appointed)
        Ms. T. H. Khan, APP for the respondents
     ____________________________________________________________


                          CORAM : SUNIL B. SHUKRE AND
                                  AVINASH G. GHAROTE, JJ.

DATED : 04/02/2021

ORAL JUDGMENT : (Per : SUNIL B. SHUKRE, J.)

1. Heard. Rule. Rule made returnable forthwith.

Judgment (2) jg. cri. wp 134.20.odt

2. Heard finally by consent of the learned counsel appearing

for the parties.

3. The petitioner's name is permanently removed from

remission register thereby making him ineligible from getting remission

in his sentence. The reason for such action taken against the petitioner

is that on the last occasion, when the petitioner was released on

furlough, he did not surrender himself on due date and was required to

be brought back to the prison by arresting him. The delay thus caused

in the petitioner's returning to the prison from the date of his release

which was 27-8-2010 till he returned to the prison which was

9-12-2011 was of 454 days which was more than six months. The

amended Maharashtra Prison (Remission System) Rules, 1962

prescribes that whenever a prisoner remains outside the jail

unauthorisedly after having been granted parole or furlough for a

period of six months or more, such prisoner would disqualify himself

permanently from getting any benefit of remission in his sentence. So

action taken against the petitioner in the present case is consistent with

the aforestated rule and therefore, no interference is called for. The

petition is dismissed.

4. Rule is discharged.

Judgment (3) jg. cri. wp 134.20.odt

5. Legal remuneration of Rs. 500/- (Rupees Five Hundred)

be paid to the learned counsel appointed for the petitioner.

(AVINASH G. GHAROTE, J) (SUNIL B. SHUKRE J.)

wasnik

Digitally signed by Avinash Avinash Wasnik Date:

                                                     Wasnik    2021.02.04
                                                               17:04:39
                                                               +0530