Rajesh Samaydin Chaudhari v. The State Of Maharashtra And ANR

Yugandhara Patil 906-WP-5055-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 5055 OF 2022 Rajesh Samaydin Chaudhari

...Petitioner

Versus

State Of Maharashtra And Anr

...Respondents

---- Ms. Shweta Wankhede for the Petitioner.

Mr. J.P. Yagnik, APP for the Respondent/State. YUGANDHARA SHARAD PATIL by YUGANDHARA SHARAD PATIL Date: 2023.04.11 10:57:50 +0530 ****** CORAM : SUNIL B. SHUKRE, AND M.M.SATHAYE, JJ.

DATE : 6th APRIL 2023 P.C.:- 1.

Rule. The learned AGP waives service for Respondents. Rule made returnable forthwith. Heard finally by consent of the parties. 2.

It is seen that in response to the application of the Petitioner dated 31/01/2022, Respondent No. 2 made a proposal and forwarded it to Respondent No. 1 vide letter dated 08/04/2022 requesting that remittance of sentence can be granted to the Petitioner. Copies of correspondence placed before this Court by learned APP are taken on record and marked as "A collectively" for identification.

1 /2

Yugandhara Patil 906-WP-5055-2022.doc 3.

It also appears that thereafter some more correspondence was made between the Office of Additional Director General of Police and I.G. Prisons and State Government. Last of such letter has been sent by Respondent No. 2 to State Government on 16/02/2023. It also appears that so far no decision has been taken by the State Government. It would be in the interest of justice, such decision shall be taken at the earliest.

4.

We therefore direct Respondent No. 1 to decide the proposal dated 08/04/2022 received by it from Respondent No. 2 regarding grant of remittance of sentence to the Petitioner in accordance with law, at the earliest and preferably within a period of 8 weeks from the date of receipt of this order.

(M.M.SATHAYE, J.) (SUNIL B. SHUKRE, J.) 2 /2