Pundalik Ganpat Gole v. The Court Of Session Judge

1/3 WP-1760-2018 (SR.36)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 1760 OF 2018 Pundalik Ganpat Gole Petitioner ...

V/s.

The Court of Sessions Judge ....Respondent **** Mr. Prosper Dsouza, '

Advocate for the petitioner.

Mrs. M.H. Mhatre, APP for State.

CORAM :

CORAM : B.P. DHARMADHIKARI, & B.P. DHARMADHIKARI, & SANDEEP K. SHINDE, JJ.

SANDEEP K. SHINDE, JJ.

Tuesday, 15 Tuesday, 15th th October, 2019.

October, 2019.

P.C. :

P.C. :

1.

Learned Counsel then appointed is no more.

Advocate, Mr. Prosper Dsouza present in Court is '

therefore requested to assist the Court.

2.

We have perused papers. Prisoner,

2/3 WP-1760-2018 (SR.36) Pundalik arrested on 8 th September, 2010 has been convicted on 5 th December, 2013. His request is to give to him benefit of remission scheme floated on account of 125 th Birth Anniversary of Dr. Babasaheb Ambedkar.

3.

Record shows that, convicting Court, namely, City Sessions Court (Court Room No.35), Mumbai has expressed inability to submit any recommendation in terms of Section 432 Criminal Procedure Code since papers are with appellate Court, i.e. High Court.

4.

In this situation, we direct Convicting Court to peruse the judgment and to submit necessary recommendation to Superintendent of Kolhapur Central Prison within eight weeks of receipt of this order.

5.

Superintendent of said jail shall thereafter within further period of eight weeks take appropriate decision in terms of guidelines

3/3 WP-1760-2018 (SR.36) laid down on 3 rd June, 2017. Petition is thus partly allowed and disposed off.

6.

Order be communicated to prisoner in jail.

(SANDEEP K. SHINDE, J.) (B.P. DHARMADHIKARI, J.)