Vijay Babasaheb Nanaware v. The State Of Maharashtra

CAJ 52-Wp-5750-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 5750 OF 2021 Vijay Babasaheb Nanaware ... Petitioner V/s.

The State Of Maharashtra ... Respondent Mr. Chetan A. Alai Appointed Advocate for Petitioner. Mr. Ajay Patil APP, for Respondent-State.

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

DATE : 21st FEBRUARY, 2023.

P.C. :

1.

The remission of the Petitioner has been cut by applying ratio of 1:5 days by the Competent Authority as the Petitioner on 3rd occasion has reported to jail late by three days. A show cause notice was accordingly issued to him on 26th October 2015 and after considering reply of the Petitioner the said punishment is inflicted upon him by the Jail Authority. It is an admitted fact on record that, the Petitioner over stayed while released on furlough-parole leave for more than two occasions and therefore by applying ratio prescribed in notification dated 2nd August, 2011 the Competent Authority has inflicted the said punishment of cut in remission by applying ratio of 1:5 days.

1/2

CAJ 52-Wp-5750-2021.odt 2.

Perusal of record clearly indicates that, there is no error committed by the Competent Authority while inflicting the said punishment to cut in remission.

3.

According to us, Petition is dehors of merits and is dismissed. (PRAKASH D. NAIK, J.) (A.S. GADKARI, J.) 2/2