Suryakant S/O Atmaram Kadam vs Superintendent, Open Prison ...
2021 Latest Caselaw 3306 Bom

 Judgment                                 1                          Cri.W.P.70.2021.odt


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

                    CRIMINAL WRIT PETITION NO. 70 OF 2021


          Suryakant S/o Atmaram Kadam,
          Aged Adult, Convict No.C-432
          detained in Open Prison,
          Morshi, District Amravati.
                                                              .... PETITIONER

                                   // VERSUS //

          Superintendent,
          Open Prison, Morshi,
          District Amravati.
                                                .... RESPONDENT
  ______________________________________________________________
      Shri N. L. Jaiswal, Advocate (appointed) for the petitioner.
      Ms H. N. Jaipurkar, A.P.P. for the respondent.
 ______________________________________________________________

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

DATED : 22.02.2021.

ORAL JUDGMENT : (Per : Sunil B. Shukre, J.)

1. Heard. Rule. Rule made returnable forthwith.

2. Heard finally by consent of the learned counsel appearing

for the parties.

3. There is a limited prayer made in this petition and

therefore, we are inclined to allow the petition. The petition is allowed

Judgment 2 Cri.W.P.70.2021.odt

and learned Additional Sessions Judge, Kolhapur is directed to decide

the proposal regarding remission of sentence dated 27.07.2017

dispatched on 31.07.2017, within a period of two weeks' from the date

of the order, if not decided as yet, in accordance with law, particularly

keeping in view the law laid down by this Court in the case of Criminal

Writ Petition No. 32 of 2021, Ramu Rangrut Madkam Vs. The Deputy

Inspector General of prisons (East Zone), Nagpur , decided on

15.02.2021.

Rule accordingly.

Legal remuneration of Rs.2,500/- (Rs. Two thousand five

hundred only) be paid to learned Advocate appointed for the

petitioner.

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

Kirtak