Jameel @ Jammu Aziz Salar And ORS v. The State Of Maharashtra

CAJ 54-Wp-212-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 212 OF 2022 Jameel @ Jammu Aziz Salar And Ors.

... Petitioner V/s.

The State Of Maharashtra ... Respondent None for Petitioner.

Mrs. M. H. Mhatre APP, for Respondent-State.

CORAM : A.S. GADKARI AND PRAKASH D. NAIK, JJ.

DATE : 21st FEBRUARY, 2023.

P.C. :

1.

The proposal of the Petitioner for granting benefit in remission in pursuance of circular dated 3rd June, 2017 issued on the occasion of 125th Birth Anniversary of Dr. B. R. Ambedkar, has not been considered favourably by the learned Judge of the Trial Court on the ground that, three Criminal Appeals bearing Nos. 883 of 2011, 944 of 2011 and 945 of 2011 were pending before this Court for final adjudication. Learned APP on instructions submitted that, by Judgment and Order dated 2nd August, 2021 this Court has decided the said three Appeals bearing Nos. 883 of 2011, 944 of 2011 and 945 of 2011. 2.

In view thereof, the Competent Authority is directed to reconsider the proposal of Petitioner for extending him benefit of circular dated 3rd June, 2017.

3.

Petition is partly allowed in the aforesaid terms. (PRAKASH D. NAIK, J.) (A.S. GADKARI, J.) 1/1