Namdev Natthuji Ganeshkar vs State Of Thr. D.I.G.(Prisons) ...
2022 Latest Caselaw 12960 Bom

                             1

                                           13-12-2022-Cri.W.P.-752-2022.odt

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

              Criminal Writ Petition No.752 of 2022

Namdev Natthuji Ganeshkar,
Aged 75 years, Convict- 10224,
Central Prison, Nagpur.                                  ... Petitioner

     Versus

1. State of Maharashtra,
   through D.I.G. (Prisons) (East),
   Nagpur.

2. Jail Superintendent,
   Nagpur Central Jail,
   Nagpur.                                               ... Respondents

Shri Mir Nagman Ali, Advocate for Petitioner.
Smt. K.S. Joshi, Additional Public Prosecutor for Respondents.


         CORAM : SUNIL B. SHUKRE & M.W. CHANDWANI, JJ.

DATE : 13th DECEMBER, 2022

ORAL JUDGMENT (PER SUNIL B. SHUKRE, J.) :

1. Rule. Rule is made returnable forthwith. Heard finally by

consent of the learned counsel appearing for the parties.

2. The petitioner has been convicted for an offence punishable

under Section 330 read with Section 34 of the Indian Penal Code,

which is an offence for which three months' remission as per the

Government Resolution dated 3-6-2017 is not denied. If this is so, the

learned Additional Sessions Judge could not have given any adverse

opinion without considering the sentencing policy of the State,

13-12-2022-Cri.W.P.-752-2022.odt

of which the benefit of remission is a part. If there is a policy of

remission to be granted upon fulfillment of certain conditions, it

would be the duty of the concerned Sessions/Additional Sessions

Judge to give an opinion based upon the policy of remission. But, the

adverse opinion given by the learned Additional Sessions Judge, if we

see, does not refer to the remission policy at all. On such an opinion,

therefore, the benefit of the Government Resolution dated 3-6-2017

could not have been denied to the petitioner, who is otherwise eligible

to have the same. We have taken the same view in Criminal Writ

Petition No.816 of 2018 decided on 6-3-2019.

3. In view of above, we allow the petition and direct the

respondents to grant the benefit of the Government Resolution

dated 3-6-2017 to the petitioner in terms of the conditions stated in

the said Government Resolution.

4. Rule is made absolute in the above terms.

(M.W. CHANDWANI, J.) (SUNIL B. SHUKRE, J.) Lanjewar

Digitally Signed By :P D LANJEWAR Signing Date:13.12.2022 16:56