Mahadeo Laxman Sarane v. The State Of Maharashtra And ORS.

5-wp-5076.2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 5076 OF 2019 Mahadeo Laxman Sarane ...

Petitioner

Versus

The State of Maharashtra and Ors.

...

Respondents Mr.

M.M. Gavankar i/by Mr. Manas M. Gavankar for the petitioner.

Mr. Arfan Sait, APP for the State.

Mr. P.S. Shinde, Jailor II, Kolhapur Central Prison, present. CORAM : B.P. DHARMADHIKARI & SANDEEP K. SHINDE, JJ.

DATE :

OCTOBER 11, 2019 P.C.:

Petitioner submits that his grievance can be substantially redressed if his entitlement to remission of three months on account of 125th Birth anniversary of Dr. Babasaheb Ambedkar is decided in the time bound manner.

2.

He has been categorized in 22 years category and has already completed 21 years and 6 months with remission. 3.

Learned APP submits on instructions that the proposal is now being examined by the convicting court and after receipt of the appraisal report appropriate decision will be taken by the nilegaonkar 1/2

5-wp-5076.2019.odt concerned Superintendent of Kolhapur Central Prison. 4.

In this situation, we find that the interest of justice can be met with by requesting the convicting court i.e. High Court, Principal seat at Bombay which has convicted the petitioner on 08/07/2005 to expedite action to submit appraisal report to respondent no. 2 within three weeks after communication of this order.

5.

Respondent no.2 shall after receipt of that report proceed further in accordance with law and take final decision in next four weeks.

6.

With these directions and keeping all the contentions of the petitioner open, we dispose of the writ petition. (SANDEEP K. SHINDE, J.) (B.P. DHARMADHIKARI, J.) nilegaonkar 2/2