Maksud Pashamiya Pathan v. The State Of Maharashtra

Rane 1/2 WP-2337-2019 (SR.18) 3.9.2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 2337 OF 2019 Maksud Pashamiya Pathan .....Petitioner V/s.

The State of Maharashtra ....Respondent **** Mr. M.G. Shukla, Advocate for the petitioner. Mr. Arfan Sait, APP for State.

Mr. P.M. Nagawade, Jailor G-2, Nashik Jail present. CORAM : B.P. DHARMADHIKARI, & CORAM : B.P. DHARMADHIKARI, & SANDEEP K. SHINDE, JJ.

SANDEEP K. SHINDE, JJ.

Tuesday, 3 Tuesday, 3rd rd September, 2019.

September, 2019.

P.C. :

P.C. :

1.

Heard Mr. Shukla (appointed) and learned APP. Judgment of conviction dated 24th April, 2019 points out that offence has been committed on 29th August, 2016 and the FIR was registered on 30th

Rane 2/2 WP-2337-2019 (SR.18) 3.9.2019 August, 2016. We find that remission scheme on eve of 125 th Birth Anniversary of Dr. Babasaheb Ambedkar though published on 3rd June, 2017, has been given effect from 14 th April, 2016.

2.

Learned APP is therefore right in submitting that offence has been committed after remission scheme came into force and as such applicant was not even an undertrial prisoner on that date.

3.

We therefore find prayer to extend benefit of remission scheme mis-conceived. Rejected. 4.

Order be communicated to prisoner in jail.

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