Salim Gaus Mohammad Shaikh v. The State Of Maharashtra

13-wp-517.2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 517 OF 2020 Salim Gaus Mohammad Shaikh ... Petitioner

Versus

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

Smt. A.S. Pai, APP for the respondent State.

CORAM : B.P. DHARMADHIKARI & NITIN R. BORKAR, JJ.

DATE :

JANUARY 30, 2020 P.C.:

The convict seeks benefit of remission permitted by the remission scheme floated on the eve of 125th Birth Anniversary of Dr. Babasaheb Ambedkar.

2.

The Additional Sessions Judge, Greater Mumbai on 20/10/2017 recommended in negative because of the nature of the offence committed by the prisoner.

3.

We have perused the case papers and the scheme for remission. The scheme does not preclude the convicts under section 302 IPC from its benefit. The negative recommendation is therefore, not justified.

4.

We therefore, direct the Superintendent, Yerawada Open nilegaonkar 1/2

13-wp-517.2020.odt prison to consider his eligibility and grant him the benefit in accordance with law.

5.

Petition is allowed and disposed of accordingly. 6.

Order be served upon the prisoner in jail.

(NITIN R. BORKAR, J.) (B.P. DHARMADHIKARI, J.) nilegaonkar 2/2