Lalit Ramesh Prabhawat vs The State Of Maharashtra Thr. Its ...
2021 Latest Caselaw 16022 Bom

                                                   1                    criwp619.20.odt



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

              CRIMINAL WRIT PETITION NO.619 OF 2020

     Lalit Ramesh Prabhawat,
     Aged about 47 years,
     Presently Detained in Open Prison
     Gadchiroli, Dist. Gadchiroli.
     Convict No.C-109.                                              .....PETITIONER

                                   ...V E R S U S...

1. The State of Maharashtra,
   Through its Secretary, Home
   Department, Mumbai.

2. The Superintendent of Prison,
   Central Prison, Nagpur

3. The Superintendent of Prison,
   Open Prison, Gadchiroli,
   Dist. Gadchiroli, Maharashtra.
                                                              ....RESPONDENTS
-------------------------------------------------------------------------------------------
Shri Abhinav A. Pannase, Advocate (appointed) for petitioner.
Shri V.A. Thakare, A.P.P. for respondents.
-------------------------------------------------------------------------------------------
         CORAM:- M.S. SONAK AND PUSHPA V. GANEDIWALA, JJ.

DATE :- 18h NOVEMBER, 2021

ORAL JUDGMENT (PER : PUSHPA V. GANEDIWALA, J.)

Rule. Rule is made returnable forthwith. Heard finally

with consent of learned counsel for both the parties.

2. By way of this petition, the petitioner/convict who is

undergoing sentence of life imprisonment under Section 302,

120(b) of the Indian Penal Code, seeks remission of sentence for a 2 criwp619.20.odt

period of three months in terms of Notification dated 06.06.2017

issued on the occasion of 125 th birth anniversary of Dr. Babasaheb

Ambedkar.

3. We have perused the petition, aforesaid notification

so also the opinion of the learned Additional Sessions Judge,

Warora dated 25.09.2017. As per aforesaid notification, a convict

who is undergoing sentence for a period of more than five years

and upto life imprisonment, is entitled for remission of three

months in his sentence, provided his case does not fall under any

of the exceptions as provided in the said notification.

4. We are satisfied that the case of the petitioner does

not fall in any of the exceptions as provided in the aforesaid

notification. It is unfortunate that the learned Sessions Judge has

not considered at all the benefit extended to the convict in the

aforesaid notification.

5. In this view of the matter, we allow the petition. The

respondents are directed to extend the benefit of the aforesaid

notification to the petitioner i.e. remission for a period of three

months in his sentence.

3 criwp619.20.odt

6. We appreciate the assistance provided by Shri

Abhinav Pannase, learned counsel in this matter. We quantify the

legal fees to the learned counsel Shri Abhinav Pannase at

Rs.1,500/-

Rule is made absolute in above terms. The petition

stands disposed of. No costs.

(Pushpa V. Ganediwala, J.) (M.S. Sonak, J.)

Wagh

Digitally signed by:SURESH RAOSAHEB WAGH Signing Date:20.11.2021 16:49