Vinod Namdeo Salve v. The State Of Maharashtra And ORS

wp.121.17.23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 121 OF 2017 Vinod Namdeo Salve

...Petitioner

Versus

The State of Maharashtra & Ors.

...Respondents

Ms. Rohini Dandekar, appointed Advocate for the Petitioner Mr. H. J. Dedia, A.P.P for the Respondents-State CORAM : SMT. V. K. TAHILRAMANI & REVATI MOHITE DERE, JJ.

MONDAY, 23 rd JANUARY, 2017 P.C. :

1.

Heard both sides.

2.

The petitioner was released on parole on 13th November, 2009 for a period of 30 days. The petitioner thereafter preferred an application for extension of parole from 13th December, 2009 to 11th January, 2010. This extension was granted by order dated 8th February, 2010. In the meanwhile, the petitioner preferred second application for extension of parole from 12th January, 2010 to 10th February, 2010. The grievance of the petitioner is that this application is pending SQ Pathan 1/2

wp.121.17.23.doc since a long time and it has not been decided and instead prison punishment has been imposed on him of cutting of remission of 3 days for each day of overstay. Thus, for overstay of 30 days, remission of 90 days was cut.

3.

The learned A.P.P states that the second application of the petitioner for parole has been granted by order dated 23rd January, 2017.

4.

Needless to say that in view of the fact that the second application for extension of parole has been granted, the prison punishment would also be required to be set-aside and is accordingly set-aside.

5.

Rule is made absolute in the above terms.

6.

Office to communicate this order to the petitioner, who is in Yerwada Open Prison, Pune.

(REVATI MOHITE DERE, J.) (V. K. TAHILRAMANI, J.) SQ Pathan 2/2