Rafiq @ Raju Chandsaab Sayyad ... vs The State Of Maharashtra And ...
2023 Latest Caselaw 5325 Bom

                                                            Cri.W.P. No.772/2023
                                        :: 1 ::


          IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                               BENCH AT AURANGABAD


                CRIMINAL WRIT PETITION NO.772 OF 2023



 Rafiq @ Raju Chandsaab Sayyad (C-5358)... PETITIONER

          VERSUS

 The State of Maharashtra & anr.                   ... RESPONDENTS

                                  .......
 Mr. R.A. Jaiswal, Advocate for petitioner
 Mr. R.B. Bagul, A.P.P. for respondents.
                                 .......

                           CORAM :      R.G. AVACHAT AND
                                        SANJAY A. DESHMUKH, JJ.

                               DATE   : 8th JUNE, 2023

 ORDER:

This is a jail petition. The petitioner is a life convict. He

has been convicted for offence of murder. The State Government

decided to grant remission to certain convicts on account of

celebration of 125th Birth Anniversary of Bharat-Ratna Dr.

Babasaheb Ambedkar. A report in respect of the petitioner was,

therefore, solicited, from the Court of Additional Sessions, Nilanga,

District Latur. The learned Judge, vide his report dated 13/10/2022,

informed the jail authorities that the petitioner committed a murder

of an innocent girl. He inflicted 24 injuries on her person with a

sharp weapon. A report adverse to grant of remission to the

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petitioner thus came to be submitted.

2. The petitioner has placed on record a copy of judgment

dated 19/7/2011 passed by the Division Bench of this Court in

Criminal Appeal No.300/2000. The petitioner was the appellant

therein. It was an appeal against his conviction for offence

punishable under Section 302 of the Indian Penal Code. A close

reading of the judgment in appeal would indicate that the appellant

(petitioner) has been convicted for committing a murder of a male

person, named Balu. The murder was committed by drowning.

3. The record thus indicates that the petitioner has been

sentenced to life imprisonment for committing a murder of a male

person (Balu) by drowning him and not for a murder of a girl with

inflicting 24 injuries on her person. The same indicates, the learned

Additional Sessions Judge, Nilanga, District Latur has not applied

his mind in submitting report dated 13/10/2022. The said report is,

therefore, hereby set aside, directing the learned Judge to review

his decision and pass appropriate orders on the basis of necessary

material within two months from the date of this order. The jail

authorities shall ask for a fresh report from the Judge concerned

within eight days.

4. It is hereby made clear that the learned Additional

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Sessions Judge shall resubmit a report within the time frame of two

months, even if he does not receive a fresh proposal from the jail

authorities. The learned Judge shall report this Court compliance of

this order immediately.

(SANJAY A. DESHMUKH, J.) (R.G. AVACHAT, J.)

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