Raju@Rajendra Sambhaji Chavan v. The State Of Maharashtra

CAJ 45-Wp-4491-2018.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 4491 OF 2018 Raju @ Rajendra Sambhaji Chavan ... Petitioner V/s.

The State Of Maharashtra ... Respondent Ms. Tahera Qureshi Appointed Advocate for Petitioner. Mrs. M. H. Mhatre APP, for Respondent-State.

CORAM : A.S. GADKARI AND PRAKASH D. NAIK, JJ.

DATE : 21st FEBRUARY, 2023.

P.C. :

1.

Heard learned Advocate appointed to represent Petitioner and learned APP for Respondent-State. Perused record. 2.

The proposal of Petitioner for granting him remission of three months in pursuance of Government Resolution dated 3rd June, 2017 issued by Home Department, Government of Maharashtra on the occasion of 125th Birth Anniversary of Dr. B. R. Ambedkar, has not been favorably considered by the Competent Authority on the ground that, the learned Judge of the Trial Court has given adverse opinion dated 7th August, 2018. The allegation against the Petitioner is that, he committed murder of his own daughter then aged about five years on trifle ground. The learned Judge of the Trial Court has observed that, offence committed by Petitioner is serious 1/2

CAJ 45-Wp-4491-2018.odt in nature and therefore he is not entitled to get remission in pursuance of G. R. dated 3rd June, 2017.

3.

We see no reason to take a different view than, the one expressed by learned Judge of the Trial Court in its opinion dated 7th August, 2018. According to us also crime committed by Petitioner is undoubtedly serious in nature and therefore he is not entitled for the benefit of the G. R. dated 3rd June, 2017.

4.

Petition is accordingly dismissed.

(PRAKASH D. NAIK, J.) (A.S. GADKARI, J.) 2/2