Hitesh Shantilal Solanki v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 2595 OF 2022 Hitesh Shantilal Solanki.

...Petitioner.

Versus

The State of Maharashtra.

..Respondent.

------ Ms. Sangita Walke for the Petitioner.

Ms. M. H. Mhatre, APP for the Respondent-State. ------ Coram :

Nitin W. Sambre & Sharmila U. Deshmukh, Jj.

Date : June 12, 2023.

P. C. :

1.

We have heard the appointed advocate for the petitioner and the learned APP for the respondent-State. 2.

The prayer for remission was rejected on 7th September 2017 by the Special Court, Mumbai. Subsequent thereto, vide order dated 17th February 2020 passed in Criminal Writ Petition No. 788 of 2020 [Ratnakar Gautam Kamble v. The State of Maharashtra] passed by this Court, the co-accused was granted remission. As such, the petitioner is claiming parity.

3.

Since the order passed by this Court in Criminal Writ Petition 788 of 2020 (supra) was not available to the Special Judge while patil_sr 1 of

rejecting the prayer of petitioner for remission on 7th September 2017, we deem it appropriate to dispose of the present petition with following order :

-: O R D E R :- The prayer of the petitioner for grant of remission based on the scheme framed by the State Government on the occasion of 125th Birth Anniversary of Dr. Babasaheb Ambedkar be considered afresh having regard to the observations made by this Court in Criminal Writ Petition No.788 of 2018 (supra) in the order dated 17th February 2020. Learned Special Judge shall make every endeavour to decide the same as expeditiously as possible and in any case within four week from the date of receipt of a copy of this order. 4.

The petition stands disposed of.

[Sharmila U. Deshmukh, J.] [Nitin W. Sambre, J.] patil_sr 2 of