Francis S/O Santiyago John ... vs State Of Mha. Thr. The Secretary ...
2023 Latest Caselaw 11218 Bom

2023:BHC-NAG:15938-DB




               Judgment                                                    04 wp 876.22

                                                    1


                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY :
                                  NAGPUR BENCH : NAGPUR.
                              CRIMINAL WRIT PETITION NO. 876/2022

                   Francis s/o Santiyago John Santiyago,
                   Convict No. C/98, Aged 60 yrs.,
                   Occ. Nil, R/o. Bajaj Chowk, Sitasawamgi,
                   Tah. Tumsar, Dist. Bhandara.
                   [presently confined at Gadchiroli
                   District Open Prison, Gadchiroli]


                                                                       .... PETITIONER

                                             VERSUS
              1.   State of Maharashtra,
                   through the Secretary, Home Department,
                   Mantralaya, Mumbai - 32.
              2.   The Superintendent, Gadchiroli,
                   District Open Prison, Gadchiroli.
                                                                      ... RESPONDENTS




                                     ---------------------------------
                   Ms. Shweta Whankhede/Chavhan, Advocate for petitioner.
               Mrs. N.R. Tripati, APP assisted by Mr. M.J.Khan, APP for respondent
                                              Nos. 1 & 2.
                                     ----------------------------------
                                      CORAM : VINAY JOSHI AND
                                              M. W. CHANDWANI, JJ.

                                      DATE      :       01.11.2023.
 Judgment                                                       04 wp 876.22



ORAL JUDGMENT (PER VINAY JOSHI, J.) :

           Heard.

2. The petitioner was initially convicted for the offence

punishable under Sections 302 and 309 of the Indian Penal Code in

Sessions Trial No. 21/2003 vide order dated 12.05.2006. Later on,

the petitioner was again convicted for the offence punishable under

Sections 302 and 324 of the Indian Penal Code in Sessions Trial No.

54/2005 vide order dated 15.05.2007.

3. The petitioner is undergoing the sentence since then. The

petitioner has already undergone 18 years of actual imprisonment

including remission of 26 years. The petitioner has urged for grant

of remission. The authorities have declined to grant remission

forever by placing the petitioner in residuary category No.8 as per

guidelines dated 15.03.2010. As per guidelines, the State

Government shall decide individual case on merits, if he is placed in

such a category. According to the State, the petitioner's case was

considered and the State Government took a decision that he is not

entitled for remission at all. We have noticed that category No. 6(b)

and 6(c) also playes relevance as regards to the petitioner.

Judgment 04 wp 876.22

4. In the light of the decision of this Court in Criminal Writ

Petition No. 950/2022 [Bharat s/o Fakira Dhivar Vs. The State of

Maharashtra & anr.] with connected matter decided on 22.11.2022,

we direct respondent No.2 to call upon the opinion of the Sessions

Judge and thereafter respondent No.1 shall reconsider the

petitioner's case and take appropriate decision within four weeks

from the receipt of the report.

5. Petition stands disposed of in above terms.

                                      (M. W. CHANDWANI, J.)                  (VINAY JOSHI, J.)
                            Gohane




Signed by: Mr. J. B. Gohane
Designation: PA To Honourable Judge
Date: 02/11/2023 11:02:05