Atiq Ahmed S/O Shaikh Nazir vs D.I.G., (Prisons), Amravati And ...
2021 Latest Caselaw 4643 Bom

 Judgment                                 1                     Cri.W.P.No.125.2021.odt


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

                   CRIMINAL WRIT PETITION NO. 125 OF 2021


          Shri Atiq Ahmed S/o. Shaikh Nazir,
          Aged about 55 years, Convict No. C-3132,
          Central Prison, Amravati.

                                                              .... PETITIONER

                                   // VERSUS //

 1)       D. I. G. (Prisons),
          Amravati.

 2)       Jail Superintendent,
          Amravati Central Jail, Amravati.
                                                             .... RESPONDENTS

  ______________________________________________________________
      Shri S. G. Joshi, Advocate (appointed) for the petitioner.
      Shri N. R. Patil, Assistant Public Prosecutor for the respondents.
 ______________________________________________________________

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

DATED : 12.03.2021.

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. The impugned opinion dated 24.10.2017 give reasons

which are extraneous to the parameters laid down in the Government

Judgment 2 Cri.W.P.No.125.2021.odt

Resolution dated 03.06.2017 and therefore, this case is squarely

covered by the view taken by us in the case of Criminal Writ Petition

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

General of Prisons (East Zone) Nagpur and Anr., decided on

15.02.2021.

4. The Writ Petition is allowed. The impugned opinion is

hereby quashed and set aside. The matter is remanded back to the

Additional Sessions Judge, Akola for consideration afresh in

accordance with law and the guideline laid down by this Court in the

case of Ramu Rangrut Madkam (supra). The opinion shall be given

within 15 days from the date of the order and thereafter, the

respondents shall decide the claim of the petitioner within four weeks

from the date of receipt of the opinion.

Rule is made absolute in the above terms.

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

hundred only) be paid to the learned counsel (appointed) to the

petitioner.

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

Kirtak