Pradip Mahadeo Sahare vs The State Of Maharashtra Thr. Ministry ...
2024 Latest Caselaw 26053 Bom

Bombay High Court

Pradip Mahadeo Sahare vs The State Of Maharashtra Thr. Ministry ... on 26 September, 2024

Author: Vinay Joshi

Bench: Vinay Joshi

2024:BHC-NAG:10913-DB




               Judgment                                                    wp768.24

                                                1

                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY :
                               NAGPUR BENCH : NAGPUR.



                          CRIMINAL WRIT PETITION NO. 768 OF 2024.

              Pradip Mahadeo Sahare,
              Age 36 years, Occupation -
              Convicted Offender (Prisoner No.C-666)
              resident of Open Prison,
              Morshi, District Amravati.                 ...      PETITIONER.


                                             VERSUS

              1.State of Maharashtra,
              through Ministry for Home,
              Mantralaya, Mumbai - 32.

              2.Superintendent of Prison,
              Open Prison, Morshi,
              Amravati.                                        .. RESPONDENTS.

                                  ---------------------------------
                  Mr. R.K. Maheshwari, Advocate (Appointed) for the Petitioner.
                            Ms N. Tripathi, A.P.P. for Respondents.
                                 ----------------------------------

                                            CORAM : VINAY JOSHI AND
                                                    VRUSHALI V. JOSHI, JJ.
                                            DATE : SEPTEMBER 26, 2024.


              ORAL JUDGMENT (PER VINAY JOSHI, J.) :

Rgd.

Judgment wp768.24

Heard. Rule. Rule is made returnable forthwith and by

consent of the learned Counsel for the parties, the matter is taken up

for final disposal.

2. The petitioner seeks special remission on the basis of

Government Resolution dated 03.06.2017 which was issued on the

subject of grant of remission on account of 125 th Birth Anniversary of

Dr. Babasaheb Ambedkar. The petitioner is in jail prior to

02.06.2015, and hence completed the minimum requirement of

imprisonment of 5 years as required by the aforesaid government

resolution. The special remission has been declined by the Authority

for the reason of adverse opinion by the convicting Judge.

3. We have gone through the adverse opinion, wherein it is

stated that since the petitioner is convicted under Central Act namely

Indian Penal Code, and thus, he is not entitled for remission in terms

of exception carved out under Clause [iii] of the said government

resolution.

Rgd.

Judgment wp768.24

4. The learned Counsel for the petitioner has pointed out a

clarification dated 19.11.2018, issued by the Home Department,

stating that Clause [iii] would apply to the convicts whose case falls

under Section 435[2] of the Code of Criminal Procedure. Thus,

apparently the case of petitioner does not falls under either of the

category. In view of above, the impugned action of rejection of special

remission is not sustainable in the eyes of law. Hence, we proceed to

pass the following order.

ORDER

[i] Criminal Writ Petition is allowed and disposed of.

[ii] We direct the Authorities to grant special remission to the petitioner in terms of Government Resolution dated 03.06.2017, by imposing appropriate conditions as the authority may deem fit.

[iii] The Authority shall pass consequential order within a period of 4 weeks from today.

Rgd.

Judgment wp768.24

[iv] Rule is made absolute in aforesaid terms with no order as to costs.

[v] Fees of the appointed Counsel be determined as per Rules.

                                               JUDGE                        J UDGE




                            Rgd.

Signed by: R.G. Dhuriya (RGD)

Designation: PS To Honourable Judge Date: 01/10/2024 11:30:23