Bashir Ahmed Usman Gani v. The State Of Maharashtra

P.H. Jayani 1/2 05 WP3587.19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3587 OF 2018 WITH INTERIM APPLICATION NO. 1 OF 2020 IN CRIMINAL WRIT PETITION NO. 3587 OF 2018 WITH CRIMINAL APPLICATION NO. 11 OF 2019 IN CRIMINAL WRIT PETITION NO. 3587 OF 2018 Bashir Ahmed Usman Gani ... Petitioner/Applicant V/s.

The State of Maharashtra ... Respondent None for the Petitioner.

Mr. S.R. Shinde, APP for the State.

Mr. P.M. Nagawade, Jailor-GR-II, Nashik Central Prison.

CORAM

:

B.P. DHARMADHIKARI & N.R. BORKAR, JJ.

DATE :

10th FEBRUARY, 2020.

P.C. :- 1.

Following order disposes of all three proceedings :- 2.

In Writ Petition as also in Criminal Application No.11/2019, prisoner seeks direction of State Government to pass orders on his categorization expeditiously. This Court has on 18/11/2019 already directed the Government to pass this order within three months.

P.H. Jayani 2/2 05 WP3587.19.doc 3.

With the result, the said petition and application was already disposed of however, it has been shown as pending. In Interim Application No.1/2020, the prisoner states that order of conviction was pronounced in his matter by TADA Court on 04/12/2006 while he has been sentenced actually on 20/07/2007. Submission is that he ceases to be an under trial prisoner after 04/12/2006. He therefore seeks a direction to Authorities to treat this period and accept it for calculation of remission.

4.

We find the request just. We accordingly direct Authorities to treat the period upto 20/07/2007 as period spent under trial. Remission shall be calculated accordingly.

5.

Thus with this order, all above three proceedings are disposed of.

6.

Order be communicated to the prisoner in Jail. Preeti H.

Jayani Preeti H. Jayani Date: 2020.02.14 15:09:16 +0530 (N.R. BORKAR, J.) (B.P. DHARMADHIKARI, J.)