Gajanan Babulal Battulwar vs Deputy Inspector General Prisons ...
2022 Latest Caselaw 393 Bom

Judgment

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                                     1

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

              CRIMINAL WRIT PETITION NO.850 OF 2021

Gajanan Babulal Battulwar-C-9971,
Aged about 42 years,
Presently lodged in Central Jail, Nagpur.        ..... Petitioner.

                             :: V E R S U S ::

1. Deputy Inspector General, Prison East,
Nagpur.

2. State of Maharashtra, Home Department, Nagpur. ..... Respondents.
=====================================
Shri G.L.Agrawal, Counsel for the Petitioner (Appointed).
Mrs.Nandita Tripathi, Additional Public Prosecutor for Respondents/State.
=====================================

            CORAM        : V.M.DESHPANDE & G.A.SANAP, JJ.

DATE : JANUARY 11, 2022

ORAL JUDGMENT : (Per : V.M.Deshpande, J.)

1. Heard learned counsel Shri G.L.Agrawal, appointed

through the High Court Legal Services Sub Committee at Nagpur, for the

petitioner and learned Additional Public Prosecutor Mrs.Nandita Tripathi

for respondents/State. RULE. Rule made returnable forthwith. Heard

finally by consent of learned counsel for parties. Also, perused reply

filed on behalf of the State authorities.

2. By this petition, the petitioner is praying for a relief that

respondents shall grant him remission that he be sent to Open Prison at

.....2/-

Judgment

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Gadchiroli. For the said relief, the petitioner has approached to this

Court.

3. Undisputed facts before the Court show that the petitioner

was convicted by judgment and order of conviction dated 8.11.2005

passed by learned Sessions Judge, Nagpur in Sessions Trial

No.147/2004 for offence punishable under Section 302 of the Indian

Penal Code and he was directed to suffer life imprisonment.

4. The petitioner was released on parole leave on 19.11.2014

for 30 days as per order passed by authority and the said parole leave

was extended by a further period of 60 days. Though it was obligatory

on his part to surrender himself, after his parole leave period was over,

he overstayed. Resultantly, an offence was registered against him

punishable under Section 224 of the Indian Penal Code and he was tried

before learned Judicial Magistrate First Class, Nagpur. He participated

in the said proceeding and ultimately learned Magistrate found guilt of

the petitioner that he overstayed is duly proved by the authority and,

therefore, he was convicted with fine Rs.1000/- and in default of

payment of the fine amount he was directed to suffer further

imprisonment for seven days as per order dated 1.9.2021.

5. Another crime is also pending against the petitioner in the

.....3/-

Judgment

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Special Court of NDPS, Nagpur, vide Crime No.56/2018, i.e. Special

Case No.4/2019 for offences punishable under Sections 20(B) and 29 of

the Narcotics Drugs and Psychotropic Substances Act, 1985 and bail is

granted in his favour.

6. Since the petitioner has overstayed himself and for that an

offence is registered and he is convicted, in our view, authorities were

right in not considering the prayer made by the petitioner for sending

him in Open Prison at Gadchiroli.

7. In this view of the matter, no case is made out. The

criminal writ petition is dismissed and disposed of accordingly. Rule is

discharged.

8. Fees payable to learned counsel Shri G.L.Agrawal, who is

appointed through the High Court Legal Services Sub Committee at

Nagpur to represent the petitioner, are quantified at Rs.2500/- towards

his professional charges.

              JUDGE                                  JUDGE
              Digitally
!! BRW !!     signed by
              BHUSHAN
BHUSHAN       RANA
RANA          WANKHEDE
WANKHEDE      Date:
              2022.01.12                                           ...../-
              16:43:15
              +0530