Jalinder Bhimrao Sonawane v. The State Of Maharashtra And ORS

23.wp2040.15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2040 OF 2015 Jalinder Bhimrao Sonawane.

...Petitioner.

Versus

The State of Maharashtra & ors.

...Respondents.

Mr. Sandeep K. Singh, advocate for petitioner. Mr. S.D. Shinde, APP for State.

CORAM : B.P. DHARMADHIKARI & SMT. SADHANA S. JADHAV, JJ.

DATE : NOVEMBER 8, 2019.

P.C.:

Heard petitioner. A prisoner was given parole leave on 30 days. He did not report back, was required to be arrested and was brought back on 4th May, 2007 i.e. almost after 1184 days.

It appears that about this late reporting punishment of cut in remission of 3552 days was proposed by adopting ratio of 3 days cut for each day of delay. Impugned order dated 3/9/2009 however, adopts ratio of 1:2 and hence, remission cut of 2368 days has been ordered. Impugned order does not show any opportunity given to petitioner. There is no reference to Talwalkar

23.wp2040.15.doc any show-cause notice or any reply or its absence. Learned APP has invited attention of the Court to the fact that this order is passed in the year 2009, has been questioned in a petition presented on 6th May, 2015 and thereafter, no orders are passed by this court till date. She does not have any instructions on facts.

Prisoners still continues in jail and material on record shows that a proposal was moved by Superintendent to impose remission cut of 3552 days. While considering that proposal impugned order has been passed on 3/9/2009.

In this situation, we find that interest of justice can be made by directing the respondent No. 2 to peruse record and to pass fresh orders in the matter in accordance with law. Fresh orders shall be passed within 2 months after receipt of this order by said authority. Petition is accordingly disposed of. (SMT. SADHANA S. JADHAV, J) (B.P. DHARMADHIKARI, J) Talwalkar