Sanjay S/O. Sadashiv Girgosavi v. The State Of Maharashtra And ANR

1 Cr WP 160 of 2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD Criminal Writ Petition No.160 of 2020 * Sanjay s/o Sadashiv Girgosavi, Age Major, Occupation : Convict, R/o At present confned in Open Prison, Paithan, District Aurangabad.

.. Petitioner.

Versus

1) The State of Maharashtra Through Superintendent of Jail, Open Prison, Paithan.

2) State of Maharashtra, Through Secretary, Home Department (Prison) Mumbai - 400 005.

.. Respondents.

---- Shri. Rupesh A. Jaiswal, Advocate, for petitioner. Smt. V.S. Choudhari, Additional Public Prosecutor, for respondent Nos.1 and 2.

---- Coram: T.V. NALAWADE & M.G. SEWLIKAR, JJ.

Date: 28 JANUARY 2020 ORAL JUDGMENT (Per T.V. Nalawade, J.):

1) Rule. Rule made returnable forthwith. Heard both the sides by consent for fnal disposal.

2 Cr WP 160 of 2020 2) The proceeding is fled for giving directions to the respondents to take decision on the proposal made in respect of the petitioner-prisoner for his pre-mature release. The submissions made show that the petitioner has been behind the bar for more than 16 years and 9 months. He thinks that after commutation he will be placed in category for which the imprisonment period provided is 22 years. The submission is made that since from 2017 the proposal is pending with the State but no decision is taken.

3) In view of these circumstances this Court is hereby directing the respondents-State to take decision on the proposal of aforesaid nature, if any, pending with the State within 45 days from today. Rule is made absolute in those terms. Authenticated coy to both is allowed. Sd/- Sd/- (M.G. SEWLIKAR, J.) (T.V. NALAWADE, J.) rsl