Bombay High Court
Mukesh S/O Ramaji Yadao vs State Of Mah., Thr. Its Secretary ... on 6 January, 2021
Bench: V.M. Deshpande, Anil S. Kilor
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL WRIT PETITION NO. 896 OF 2019
( Mukesh S/o Ramji Yadeo Vrs. State of Maharashtra, through its Secretary, Home
Department, Mantralaya, Mumbai and another )
__________________________________________________________________________
Office Notes, Office Memoramda of Coram,
appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
Shri N.L.Jaiswal, Appointed Advocate for the petitioner.
Shri S.M.Ghodeshwar, Additional Public Prosecutor for the
respondent.
CORAM : V.M.DESHPANDE AND
ANIL S. KILOR, JJ.
DATE : 6th JANUARY, 2021.
Prisoner M.R.Yadav sent a letter to the
Registry and thereafter Shri N.L.Jaiswal, learned
Advocate was appointed by the High Court Legal
Services Sub-Committee to give legal assistance to the
said prisoner. Accordingly, Shri N.L.Jaiswal, learned
counsel drafted the petition by making following
prayers :
a) Modify the order dated 16/07/2010 bearing No.RLP-
3310/1230/C.R.354/PRS-3 passed by State
Government and remit the portion of sentence of
imprisonment of life which is in excess of 14 years.
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b) any other relief which this Hon'ble Court may deems
to be fit and proper in the facts and circumstances of the
present case in the interest of justice.
2. The State has also filed the reply.
3. Today, when this writ petition is taken up
for hearing, Shri S.M.Ghodeshwar, learned Additional
Public Prosecutor points out that the grievance of
petitioner M.R.Yadeo is already decided by this Court
in Criminal Writ Petition No. 542 of 2018. He
tendered the judgment of Division Bench of this
Court, which is taken on record and marked "Exhibit-
X" for the purposes of identification.
4. Prisoner M.R.Yadeo was convicted in
Session Trial No. 176 of 1996 and was sentenced to
suffer Rigorous Imprisonment for life. Perusal of the
judgment delivered in Writ Petition No. 542 of 2018
shows that the judgment of the trial Court in sessions
case was considered by this Court and thereafter the
verdit was given. Categorisation of the petitioner
under category 4(e) of 15 th March, 2010 Government
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Resolution would be appropriate and thereafter the
petition was dismissed.
5. In that view of the matter, present writ
petition has to be disposed of as the said case is
already decided by this Court. Consequently, the writ
petition is disposed of.
6. On enquiry from the High Court Legal
Services Sub-Committee, it was informed that a letter
from the prisoner was received on 10 th July, 2019,
thereupon Shri N.L. Jaiswal, Advocate was appointed
to plead his case. It is further reported that the
prisoner privately also filed the Writ Petition No. 542
of 2018 by engaging a private counsel. The said fact
was not within the knowledge of High Court Legal
Services Sub-Committee, as the same was never
informed by the prisoner to the Sub-Committee.
7. Shri N.L.Jaiswal, learned counsel who has
given much time for preparing and arguing the
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matter, has to be given professional charges. We
quantify the professional charges of learned counsel
Shri N.L. Jaiswal as Rs.2500/- and he would also be
entitled for typing charges of Rs.1,000/-
8. Before parting we would like to observe
that High Court Legal Aid Committee shall to verify
whether the prisoners who are sending letters raising
their grievance, as to whether on earlier point of time
such prisoner has approached to Court by engaging
counsel privately?
JUDGE JUDGE
sknair
