Prabhakar @ Babu Sakharam Karve v. The State Of Maharashtra

rsk 1/2 12-WP-834-20.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.834 OF 2020 Prabhakar @ Babu Sakharam Karve

...Petitioner

vs.

The State of Maharashtra

...Respondent

--- None for the Petitioner.

Mr. K. V. Saste, APP for the Respondent/State. --- CORAM : B. P. DHARMADHIKARI & N. R. BORKAR, JJ.

DATE : 18/2/2020.

P.C.:

.

Prisoner seeks remission as per remission scheme floated on the eve of 125th birth anniversary of Dr. Babasaheb Ambedkar. 2.

The convicting Court did not submit recommendation as appeal was then pending before this Court. Nominal roll produced by learned APP shows that appeal has been decided and imprisonment for 10 years has been brought down to 7 years and 5 years respectively. This imprisonment is to be suffered concurrently.

3.

However, the punishment is for offence under sections 354, 376 of IPC and section 4 of POCSO Act.

4.

Nominal roll is taken on record as Exhibit "A". 5.

As per norms dated 3/6/2017 governing grant of above remission, a convict in any central enactment is not entitled to benefit

rsk 2/2 12-WP-834-20.doc thereof. Here the prisoner has been convicted under POCSO Act therefore not entitled to remission. The petition is therefore rejected. 6.

Order be served upon the prisoner in jail.

(N. R. BORKAR, J.) (B. P. DHARMADHIKARI, J.)