Arvindkumar @ Manoj Bhaiyalal Shahu v. The State Of Maharashtra

1134.wp.1237.20.doc ATU IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL CRIMINAL APPELLATE APPELLATE JURISDICTION JURISDICTION WRIT PETITION NO. 1237 OF 2020 Arvindkumar @ Manoj Bhaiyalal Shahu ..Petitioner

Versus

State of Maharashtra ..Respondent Mr. Pawan Mali, Advocate appointed for Petitioner. Ms. J. S. Lohakare, APP for State.

CORAM :A. S. GADKARI & MILIND N. JADHAV, JJ.

DATE :7th October, 2022.

P.C.

:

.

The Petitioner has prayed for considering his case on humanitarian grounds. Petitioner is a life convict. He had availed parole leave on 11.04.2015. However he did not present himself on the returnable date after availing the parole leave. Accordingly the FIR No.00/2015 dated 14.07.2015 was lodged against the Petitioner under Section 224 of the Code of Criminal Procedure. Petitioner thereafter reported late by 4 days.

2.

Petitioner has stated that in the year 2016 and 2017 he had availed furlough leave in accordance with law. He therefore submitted that the 4 days cut-in-remission be set aside. 3.

We have heard Mr. Mali, learned Advocate appointed for the Petitioner and Ms. J.S. Lohakare, learned APP and with their able assistance perused the record of the case.

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1134.wp.1237.20.doc 4.

We have perused the Order passed by the Superintendent, Nashik Road Central Prison in respect of the Petitioner's grievance which is appended to the Application.

5.

We do not find any reasons to interfere or infirmity in the said Order. The said Order clearly records that the Petitioner was granted parole leave for 90 days and was required to report after availing the said leave on 11.07.2015 but did not do so. He reported 4 days late on 15.07.2015 and hence in accordance with the statutory provisions there is a cut-in-remission of 4 days. The Order passed by the Competent Authority is upheld.

6.

In view of the above, Writ Petition is dismissed. [ MILIND N. JADHAV, J. ] [A. S. GADKARI, J.] AJAY TRAMBAK UGALMUGALE Date: 2022.10.17 11:33:35 +0530 AJAY TRAMBAK UGALMUGALE 2/2