Suresh Sawala Chavan v. The State Of Maharashtra

59.wp.4261.18.doc ssk IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL CRIMINAL APPELLATE APPELLATE JURISDICTION JURISDICTION CRIMINAL WRIT PETITION NO. 4261 OF 2018 Suresh Savla Chavan ..Petitioner

Versus

State of Maharashtra ..Respondent None for Petitioner.

Mr. S. S. Hulke, APP for State.

CORAM :A. S. GADKARI & MILIND N. JADHAV, JJ.

DATE :29th September, 2022.

P.C.

:

.

By this Petition, Petitioner has sought applicability of Government Resolution dated 03.06.2017 for seeking benefit of three months remission in his case wherein life imprisonment has been awarded to him.

2.

Perusal of the resolution reveals that benefit of three months remission in cases wherein sentence is awarded for five years or more or in the case of life imprisonment is applicable only on completion of 14 years of imprisonment.

3.

Learned APP has produced a report from Yerwada Central Open Prison, Pune in respect of Petitioner. The said report is taken on record and marked "X" for identification.

4.

Learned APP has drawn our attention to the report in the 1/2

59.wp.4261.18.doc case of Petitioner which states that his 14 year period of imprisonment shall be completed on 01.05.2023 and only thereafter he will be entitled to the aforesaid benefit of remission. 5.

In view of the above, relief sought by Petitioner in the Petition cannot be acceded to at this stage. Needless to state that Petitioner shall be entitled to relief of remission under the Resolution after 01.05.2023 in accordance with law.

6.

Petition is accordingly partly allowed.

[ MILIND N. JADHAV, J. ] [A. S. GADKARI, J.] SONALI SATISH KILAJE by SONALI SATISH KILAJE Date:

2022.10.01 13:55:23 +0530 2/2