Sachin Manohar Khambe v. The State Of Maharashtra And ANR.

903-WP-39412019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.3941 OF 2019 Sachin Manohar Khambe ... Petitioner Vs The State of Maharashtra and Anr. ... Respondents ...

Mr. N. N. Gawankar i/by Manas Gawankar for the Petitioner.

Mr. J.P.Yagnik, APP for the Respondent-State. CORAM : B.P.DHARMADHIKARI & SANDEEP K. SHINDE JJ.

DATE : OCTOBER 18, 2019 P.C. :

Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner has completed more than 19 years of actual imprisonment, I.e, without remission, is still waiting for categorization in terms of 14 years rule. The learned PP states that by communication dated 14th October, 2019, he has received instructions that the matter is pending with the Competent Authority. This communication dated 14th October, 2019 is taken on record Shivgan 1/2

903-WP-39412019.odt and marked Exhibit 'A'.

Communication shows that the State Government is seeking certain information from ofce of IG prisons. As that information is awaited, decision has not been taken. It appears that similar information is also sought from the Superintendent, Kolhapur Central Prison, Kolhapur. We, therefore, direct Superintendent, Kolhapur Central Prison, Kolhapur as also IG prison to furnish necessary information to the State Government within next three weeks. We direct the Competent Authority to take suitable decision on question of categorization after receipt of that information within further period of four weeks. In the meanwhile, the Authorities to furnish upto date nominal role to the petitioner.

With these directions, we dispose of the writ petition.

(SANDEEP K. SHINDE, J.) (B.P.DHARMADHIKARI, J.) Shivgan 2/2