Shrikant S/O Paragonda Basargi vs State Of Maharashtra And Anr
2023 Latest Caselaw 6910 Bom

                          (906)-WP-2355-23.doc.

                                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                 CRIMINAL APPELLATE JURISDICTION
          Digitally
          signed by
          BALAJI
BALAJI    GOVINDRAO
GOVINDRAO PANCHAL
PANCHAL   Date:
                                                     WRIT PETITION NO.2355 OF 2023
          2023.07.13
          18:31:43
          +0530

                          Shrikant S/o Paragonda Basargi                                     ..Petitioner
                                Versus
                          The State of Maharashtra & Anr.                                    ..Respondents

                          Mr. Rupesh A. Jaiswal, for the Petitioner.
                          Mrs. S. D. Shinde, APP for the Respondent/State.

                                                                CORAM : NITIN W. SAMBRE &
                                                                        R. N. LADDHA, JJ.

DATE : 12th JULY, 2023 P.C.

1. The challenge in the petition is to the order dated 14th July, 2020 passed by the respondent/State Government, wherein while dealing with the prayer of the petitioner for remission, his claim was categorized under clause 4(e) which reads thus :-

Category Sub Categorisation of Crimes Period of imprisonment to be No. Category undergone including remission subject to a minimum of 14 years of actual imprisonment including set of period 4 MURDERS FOR OTHER REASON e Where the crime is 26 years committed with Exceptional violence /with brutality/ kidnapping. Murder committed by dacoits and Robbers in the act of committing dacoities and robberies. Murder committed by bootleggers, gamblers, flesh traders etc.

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(906)-WP-2355-23.doc.

2. The contention of counsel for the petitioner Mr. Rupesh Jaiswal is that the petitioner/accused No.41 was convicted in Sessions Case Nos.107 of 2004 and 176 of 2004 vide judgment and order dated 9 th May, 2005 delivered by Sessions Court, Sangli. According to him, the bone of contention of the aforesaid crime is in relation to the land dispute for which the civil proceedings are pending.

3. In the aforesaid background, his contentions are, the order impugned passed by the Government is illegal and his claim should have been categorized under clause 3(b) of the Government Resolution dated 15th March, 2010, which reads thus :-

Category Sub Categorisation of Crimes Period of imprisonment to be No. Category undergone including remission subject to a minimum of 14 years of actual imprisonment including set of period 3 MURDERS ARISING OUT OF LAND DISPUTE, FAMILY FEUDS, FAMILY PRESTIGE AND SUPERSTITION b Crime committed as 22 years above with premeditation either individually or by a gang

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(906)-WP-2355-23.doc.

4. Learned APP seeks time to take instructions and respond to the above.

5. In view of above, time of four weeks is granted as prayed.

6. Stand over to 9th August, 2023.

[R. N. LADDHA, J.]                                     [NITIN W. SAMBRE, J.]




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