Ranjit Kumar Baleshwar Prasad v. The State Of Maharashtra And ORS

904 wp 1702-14.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1702 OF 2014 Ranjit Kumar Baleshwar Prasad Singh ..Petitioner v/s.

The State of Maharashtra & Ors.

..Respondents Mr. M.N.Gawankar i/b. Sharon Patole for the Petitioner. Mr.S.K.Shinde, PP a/w. Mr. K.V.Saste, APP for the Respondent/State. CORAM : RANJIT MORE & SMT. ANUJA PRABHUDESSAI,JJ.

DATED : JANUARY 21, 2015.

P.C.

1.

The petitioner by this petition is seeking following relief: " This Honourable Court be pleased to issue writ of mandamus or writ in the nature of mandamus or any other appropriate writ, order or direction ordering and directing Respondent no.1 to consider the case of the petitioner for premature release under Prison Rules, 1972 and pass appropriate order in accordance with law within a time-frame."

pps

904 wp 1702-14.doc 2.

Mr. Shinde, learned PP, tenders copy of letter dated 5.1.2015 written by the Addl. Director General of Police & IG Prisons to the Principal Secretary, Home Department (Prisons), State of Maharashtra. The letter discloses that the petitioner's case of premature release was considered by the Advisory Board in terms of Rule 6(2) of the Prisons Rules, 1972 and the decision was taken not to release the petitioner.

3.

As the respondent authority has already taken the decision, the relief claimed in this petition renders infructuous. Petition is therefore dismissed.

(ANUJA PRABHUDESSAI, J.) (RANJIT MORE, J.) pps