Rajesh S/O Rajam Jadi vs The State Of Mah. Thr. Its Secretary, ...
2023 Latest Caselaw 11943 Bom

Bombay High Court

Rajesh S/O Rajam Jadi vs The State Of Mah. Thr. Its Secretary, ... on 30 November, 2023

Author: Vinay Joshi

Bench: Vinay Joshi, M. W. Chandwani

2023:BHC-NAG:16594-DB




               Judgment                                                   910 wp 648.23

                                                    1


                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY :
                                  NAGPUR BENCH : NAGPUR.
                                CRIMINAL WRIT PETITION NO. 648/2023

                   Rajesh s/o Rajam Jadi,
                   Age about 42 yrs., presently detained
                   in Open Prison Gadchiroli,
                   Dist. Gadchiroli - 442 603,
                   Convict No.C116.


                                                                       .... PETITIONER

                                             VERSUS
              1.   The State of Maharashtra,
                   through its Secretary, Department
                   Home, Mantralaya, Mumbai - 32.
              2.   Superintendent, Open Prison,
                   Gadchiroli - 442 603.

              3.   Superintend, Nashik Road,
                   Central Prison Office, Nashik.

                                                                      ... RESPONDENTS

                                      ---------------------------------
                        Mr. Anuj Gandhi, Advocate (appointed) for petitioner.
                         Mrs. N. R. Tripati, APP for respondent Nos. 1 to 3.
                                      ----------------------------------
                                        CORAM : VINAY JOSHI AND
                                                M. W. CHANDWANI, JJ.
                                        DATE    :       30.11.2023.
 Judgment                                                  910 wp 648.23

                                  2

ORAL JUDGMENT (PER VINAY JOSHI, J.) :

Heard finally by consent of learned counsel appearing for

parties.

2. The petitioner has been convicted for the offence

punishable under Section 302 of the Indian Penal Code and is

undergoing imprisonment for life. The petitioner has applied for

remission of three months on account of 125 th Birth Anniversary of

Dr. Babasaheb Ambedkar as per Government Resolution ('GR') dated

03.06.2017. The respondent-authority sought opinion of the

Sessions Judge on the point of according benefit as per the said GR.

In response, the learned Sessions Judge vide communication dated

02.11.2017 has expressed that petitioner is not entitled for

premature release. The learned Sessions Judge has denied the

benefit as that the petitioner was convicted for the offence

punishable under Section 302 of the Indian Penal Code, and he has

undergone sentence of nine years only.

3. On examining of GR dated 03.06.2017, it reveals that a

life convict is entitled for three months remission. However, there is

no rider of serving minimum sentence for making him eligible.

Judgment 910 wp 648.23

Clause Nos. (i) to (vi) of the said GR carves out exception in which

the petitioner does not fall. The learned APP has concurred with our

view that the petitioner does not fall in above exceptional category.

In the result, there is no reason to deny the benefit of GR dated

03.06.2017.

4. In view of above, petition is allowed. We hereby quash

and set aside the impugned action of refusal to accord benefit to the

petitioner as per GR dated 03.06.2017. We hereby direct the

respondents authority to extend the benefit of remission as per GR

dated 03.06.2017. The authority shall pass appropriate order within

four weeks from today.

5. Petition stands disposed of in above terms.

6. Fees to the appointed counsel for the petitioner be paid as

per Rule.

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




Signed by: Mr. J. B. Gohane
Designation: PA To Honourable Judge
Date: 01/12/2023 17:32:43