Pravin Avdhutrao Mendhe vs State Of Mah. Thr. Its Secretary Home ...
2024 Latest Caselaw 128 Bom

Bombay High Court

Pravin Avdhutrao Mendhe vs State Of Mah. Thr. Its Secretary Home ... on 3 January, 2024

Author: Vinay Joshi

Bench: Vinay Joshi

2024:BHC-NAG:83-DB

                                                       1



                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     NAGPUR BENCH, NAGPUR.
                              CRIMINAL WRIT PETITION NO.159 OF 2021

                           Pravin Avdhutrao Mendhe, aged about
                           45 years, Presently detained in Central
                           Prison, Wadali Road Amravati, Tq. And
                           Dist. Amravati, as convict No.C-3514
                                                                      ... PETITIONER
                                                   VERSUS
                     1.    The State of Maharashtra, through
                           its Secretary, Home Department,
                           Mantralaya, Mumbai.

                     2.    Deputy Director General of Police
                           and Inspector General of Prisons and
                           Corrections, Pune, Maharashtra

                     3.    The Superintendent of Prison,
                           Amravati Central Jail, Amravati, Dist.
                           Amravati, Maharashtra.

                                                               ... RESPONDENTS.
                 _____________________________________________________________
                          Mrs. Anuprita Mishrikotkar (appointed) for the petitioner.
                          Mrs. N. Tripathi, Addl.P.P. for the State.
                 ______________________________________________________________


                                CORAM : VINAY JOSHI AND VRUSHALI V. JOSHI, JJ.
                                DATED : 03.01.2024.


                 ORAL JUDGMENT : (Per : Vinay Joshi, J.)

RULE. Rule made returnable forthwith.

2. The matter is taken up for final disposal by consent of

learned Counsel appearing for the parties.

3. The petitioner's name has been permanently removed from

the remission register. The Advisory Committee in its meeting

considered the cases of several prisoners (including petitioner) for re-

entering the name of prisoners in remission register. However, the

impugned order is very cryptic and without assigning the reasons. It

does not disclose that before passing the order, explanation if any, given

by the petitioner for late surrender was considered or otherwise.

Notably for other basis reason may be cryptic have been assigned but

for petitioner absolutely no reason has been given for rejection.

4. As per the Government Resolution, there is a provision to

reconsider the request of prisoners as per the parameter set out in the

resolution itself. Since the reason has not been recorded, the Authority

needs to reconsider its decision.

5. In view of the above, the impugned order dated 01.03.2019

of rejecting the petitioner's claim for re-entering name into remission

register is quashed and set aside.

6. The Authority shall reconsider the petitioner's case and pass

appropriate reasoned orders within four weeks from the date of

communication.

7. The petition stands disposed of in above terms. Rule stands

discharged.

8. Fees of the appointed Counsel be paid as per Rules.

                                          (VRUSHALI V. JOSHI, J.)             (VINAY JOSHI, J.)

                                Trupti




Signed by: Trupti D. Agrawal
Designation: PA To Honourable Judge
Date: 04/01/2024 16:55:37