Machindranath Gurunath Mali v. The State Of Maharashtra

rsk 1/2 13-WP-3683-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.3683 OF 2019 Machindranath Gurunath Mali

...Petitioner

vs.

The State of Maharashtra

...Respondent

---- Mr. Subir Sarkar for the Petitioner.

Mr. Arfan Sait, APP for the Respondent/State. Mr. P. M. Nagawade, Jailor-Gr-2, Nashik Jail. ---- CORAM : B. P. DHARMADHIKARI & MRS. SWAPNA S. JOSHI, JJ.

DATE : 14/08/2019.

P.C.:

.

Heard learned counsel (appointed) for the petitioner and learned APP. Perused the GR dated 3/6/2017 prescribing the eligibility for benefit of remission under Dr. Babasaheb Ambedkar 125th Birth Anniversary scheme.

2.

We find that the GR is modified on 19/11/2018. 3.

The appraisal report in the present matter sent by District Judge -5 & Additional Sessions Judge, Thane is dated 14/3/2019. It is obvious that GR dated 19/11/2018 has not been looked into at that juncture.

3.

We therefore direct District Judge-5 & Additional Sessions Judge, Thane to submit a fresh appraisal report in terms of position now prevailing within a period of 4 weeks from the date of communication of

rsk 2/2 13-WP-3683-19.doc this order to it.

4.

Competent Authority shall thereafter take further decision within a period of next 6 weeks.

5.

The petition is accordingly partly allowed and disposed of. This order be communicated to the District Judge-5 & Additional Sessions Judge, Thane as also to the prisoner in jail. (MRS. SWAPNA S. JOSHI, J.) (B. P. DHARMADHIKARI, J.)