Bombay High Court
Saher Aalam Kha Mushir Aalam Kha vs State Of Mah., Thr. Its Secretary ... on 9 January, 2021
Bench: V.M. Deshpande, Anil S. Kilor
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
CRIMINAL WRIT PETITION NO. 824 OF 2019
Saher Aalam Kha Mushir Aalam Kha,
Aged adult, R/o at: (presently at Central Prison,
Amravati (C-867). .....PETITIONER
...V E R S U S...
1) The State of Maharashtra,
Through Secretary, Home Department,
Mantralaya, Mumbai.
2) The Superintendent,
Central Prison, Amravati.
3) The Dy. Inspector General of
Prison (Easter Region), Nagpur.
4) The Additional Director General of
Police & Inspector General of Prison
& Correctional Services,
State of Maharashtra, Pune. ...RESPONDENTS
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Mr. D. S. Lambat, Advocate appointed for petitioner.
Mr. S. M. Ghodeswar, A.P.P. for respondents.
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CORAM:- V. M. DESHPANDE AND
ANIL S. KILOR, JJ.
DATED :- JANUARY 9, 2021.
ORAL JUDGMENT (Per : V. M. Deshpande, J.)
1. Rule. Rule is made returnable forthwith. Heard
Mr.Lambat, learned counsel appointed for petitioner and
Mr.Ghodeswar, learned A.P.P. for respondents.
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2. Mr. Lambat, learned counsel for petitioner invited our
attention to prayer clause of the writ petition, which reads thus:
"(i) direct the respondents to release
immediately from prison as he had completed 14
years of actual imprisonment, be released forthwith.
(ii) direct the Respondents to take a decision
thereon and when the petitioner completes the period
of imprisonment with remission as stated in the
Guidelines, he would be released from the prison.
(iii) Grant any other relief which this Hon'ble
Court deems fit and proper in the facts and
circumstances of the case."
3. Mr. Ghodeswar, learned A.P.P. for respondents,
submits that respondent-State has filed its reply. Paragraph 5 of
the reply reads thus:
"5. It is submitted that the proposal of
premature release was submitted to the upper
inspector of General prisons and correctional services
Maharashtra State Pune vide letter dated 08.06.2018
and same was forwarded to the state government
through Inspector of General of Police and same was
awaited. The copy of government letter dated
11.05.1992."
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Learned A.P.P. submits that as on today, Government
has not taken any decision in respect of categorization of the
petitioner.
4. In that view of the matter, we pass the following order.
ORDER
(i) The writ petition is partly allowed.
(ii) The respondents-State authorities are directed to take
appropriate decision in respect of categorization of petitioner
within a period of three months from the date of receipt of this
order, in respect of the proposal which is pending with them.
(iii) Mr. Lambat, learned counsel for petitioner, appointed
through High Court Legal Services Sub Committee, Nagpur shall
be entitled to receive Rs.2500/- as his professional charges.
Rule is made absolute in the above terms.
JUDGE JUDGE
Digitally signed
by Yogesh
Yogesh Kahale
Kahale Date:
2021.01.09
kahale 16:35:49 +0530
