Mangesh Damodar Aagwane v. The State Of Maharashtra

CAJ 60-Wp-5678-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 5678 OF 2021 Mangesh Damodar Aagwane ... Petitioner V/s.

The State Of Maharashtra ... Respondent Mr. Manoj S. Singh Appointed Advocate for Petitioner. Mrs. M. H. Mhatre APP, for Respondent-State.

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

DATE : 30th JANUARY, 2023.

P.C. :

1.

It is the grievance of Petitioner that, Competent Authority did not grant him three month's remission of sentence on account of 125th Birth Anniversary of Dr. B. R. Ambedkar and in consonance with the Government Resolution dated 3rd June, 2017.

2.

Perusal of record indicates that, the Petitioner is undergoing sentence under Sections 3(1)(i), 3(2), 3(4) of the Maharashtra Control of Organized Crimes Act (MCOCA) read with Section 302 and 120-B of the Indian Penal Code. The learned Special Judge under MCOCA/NIA Act has not approved the said remission by its Order dated 24th October, 2019 for the said reason.

1/2

CAJ 60-Wp-5678-2021.odt 3.

In view thereof, we find no reason to interfere with the rejection of approval granted by the Special Court by its Order dated 24th October, 2019 to give benefit to the Petitioner. 4.

Petition is accordingly dismissed.

(PRAKASH D. NAIK, J.) (A.S. GADKARI, J.) 2/2