Madhukar Nana Khade v. The State Of Maharashtra And ANR.

CAJ 46-Wp-4676-2018.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 4676 OF 2018 WITH INTERIM APPLICATION NO. 281 OF 2020 Madhukar Nana Khade ... Petitioner V/s.

The State Of Maharashtra And Anr.

... Respondent Mr. Saiprasad Wadkar h/f Mr. Saurabh Butala for Petitioner. Mrs. S. D. Shinde APP, for Respondent-State.

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

DATE : 21st FEBRUARY, 2023.

P.C. :

1.

It is an admitted fact on record that, Petitioner absconded for a period of 3188 days when was released on furlough leave on 1st August, 2001. Due to the the said fact on the date of consideration of his proposal, for extending benefit in pursuance of Government Resolution dated 3rd June, 2017 issued on the occasion of 125th Birth Anniversary of Dr. B. R. Ambedkar, he had not completed 14 years of actual imprisonment. The Competent Authority therefore has not extended the said benefit of remission to the Petitioner. The learned Judge of the Trial Court has also given adverse opinion dated 12th March, 2018 for granting benefit of the said resolution to the Petitioner.

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CAJ 46-Wp-4676-2018.odt 2.

In view of the above, we find no merits in the Petition. Petition is accordingly dismissed.

3.

In view of disposal of Petition, Interim Application No. 281 of 2020 does not survive and is also disposed off. (PRAKASH D. NAIK, J.) (A.S. GADKARI, J.) 2/2