Madhukar Nana Khade v. The State Of Maharashtra

4-appw-335.wp-3436.2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 335 OF 2019 IN WRIT PETITION NO. 3436 OF 2019 Madhukar Nana Khade ... Petitioner

Versus

The State of Maharashtra ... Respondent Mr. Shailesh Chavan for the petitioner.

Dr. F.R. Shaikh, APP for the respondent State. CORAM : B.P. DHARMADHIKARI & NITIN R. BORKAR, JJ.

DATE :

FEBRUARY 05, 2020 P.C.:

Heard learned counsel (appointed) and learned APP for the State.

2.

Prisoner/petitioner seeks restoration of his name on the remission register. Learned counsel states that the petitioner is a senior citizen and also has health problems. 3.

Learned APP has produced before the court the report received by his office dated 3/2/2020 which is taken on record as Exh. A.

4.

The report shows that on 1/8/2001 the prisoner was released on parole for 30 days and he was supposed to return back on 31/8/2001. He was required to be arrested and brought nilegaonkar 1/2

4-appw-335.wp-3436.2019.odt back on 27/5/2010 i.e. late by 3188 days which equals to about 8 Year, 8 months and 26 days. For this delay on 12/6/2012 punishment of deleting his name permanently from the remission register has been inflicted. This punishment was not questioned by the prisoner at any point of time. 5.

As per policy decision dated 13/11/2018, the case of the prisoner was looked into by the Committee on 4/6/2019 for restoration of his name. However, as the period of absconding in case of the prisoner was exceeding more than 8 years, it was held that his case for restoration can be considered only after 13 years from the date of his return to the jail. That date has been worked out to be 26/5/2023 6.

In this situation, as we do not see any jurisdictional error or perversity, we are not inclined to intervene at this stage. However, if any other cause of action arises, we grant the prisoner liberty to approach this court in accordance with law. 7.

With this liberty, we dispose of the petition and the Application.

8.

This order be communicated to the prisoner in jail. (NITIN R. BORKAR, J.) (B.P. DHARMADHIKARI, J.) nilegaonkar 2/2