Ratan @ Jotya S/O. Nivrutti Bhosale v. The State Of Maharashtra And Others

THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD.

CRIMINAL WRIT PETITION NO. 23 OF 2020 Ratan @ Jotya s/o Nivrutti Bhosale, Age : 54 Years, Occu: Nil Convict No.8482, R/o at present in Central Prison Aurangabad, Dist. Aurangabad.

... PETITIONER V E R S U S 1.

The State of Maharashtra, Through Secretary Home Department, Mantralaya Mumbai.

2.

The Inspector General of Prisons, Maharashtra State, Pune.

3.

The Superintendent of Central Prison, Aurangabad, Dist. Aurangabad.

... RESPONDENTS ...

Mrs. Gharati B. Gunjal, Advocate for Petitioner. Mr. S. B. Narwade, APP for Respondents.

...

CORAM : T. V. NALAWADE & M. G. SEWLIKAR, JJ.

DATE :

14th February, 2020.

ORAL JUDGMENT: ( Per T. V. Nalawade, J. ) .

Rule. Rule made returnable forthwith. By consent, heard both the sides for final disposal.

In the present proceeding relief of direction is claimed against the Respondents to take decision on the proposal of premature release submitted in respect of the Petitioner. It was submitted that the Petitioner has undergone sentence of more than 22 years including the period of remission. It was submitted that the co-accused came to be released from jail in the year 2016 and so the Petitioner has hope that he will be kept in the same category and he will also come out of the jail if the life sentence is commuted. It was submitted that sine 5th November, 2016, the proposal is pending with the Respondents about the premature release, but no decision is informed to him. In view of these submissions, this Court is allowing the present petition. In the result, the following order is passed:

O R D E R

I.

The petition is allowed.

II.

Direction is hereby given to the Respondents to take decision on the premature release of the

Petitioner within 45 days from today, if the decision is already not taken.

III.

Rule is made absolute in those terms.

[ M. G. SEWLIKAR, J. ] [ T. V. NALAWADE, J. ] ndm