Anwar Musa Sayyed v. The State Of Maharashtra And ANR

51. WP 625-2023 (J).doc Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 625 OF 2023 Anwar Musa Sayyed .Petitioner Age : 38 years, Occu : Mechanic R/o. Mandvi Mohalla, Alibaug, Taluka - Alibaug, District - Raigad, (Presently in Alibaug Central Prison) Vs.

1.

The State of Maharashtra .Respondents 2.

Home Department, Government of Maharashtra, Hutatma Rajguru Chowk, Madam Cama Road, Mantralaya, Mumbai - 400 032.

Mr. Vikram Sutaria, Advocate, for the Petitioner Ms S. D. Shinde, APP, for the Respondents - State

CORAM

:

SUNIL B. SHUKRE AND ABHAY S. WAGHWASE, JJ.

DATE :

15 MARCH 2023 ORAL JUDGMENT ( PER : SUNIL B. SHUKRE, J. ) .

Heard.

2.

Rule.

3.

Rule is made returnable forthwith. With the consent

51. WP 625-2023 (J).doc of the parties, the Petition is taken up for fnal disposal at the stage of admission.

4.

By this Petition, the Petitioner is seeking a direction to Respondent No. 2 for re-consideration of his plea in appropriate categorization for the purpose of his pre-mature release as per the applicable guide lines.

5.

The prayers so made can be allowed by this Court, as ultimately there is always scope for re-consideration and review in such matters. Hence, the order.

O R D E R (i) The Petition is, therefore, allowed;

(ii) Respondent No. 2 is directed to consider request made by the Petitioner for his being placed in the appropriate category;

(iii) Appropriate decision be taken in accordance with law and at the earliest and within a period of eight weeks from today. 6.

The Petition is disposed of accordingly. Rule is made absolute.

( ABHAY S. WAGHWASE, J.) ( SUNIL B. SHUKRE, J. )