Narsing Motisa Arshid v. The State Of Maharashtra
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.470/2016 Narsing s/o Motilal Arshid, age major, occu.Prisoner No.C-4326, r/o At present in Open Prison, Paithan Dist.Aurangabad.
...Petitioner..
Versus
1] State of Maharashtra, through Secretary, Home Department, Mantralaya, Mumbai-32.
2] The Inspector General of Prisons, Maharashtra State, Pune.
3] The Superintendent of Open Prison, Paithan Dist.Aurangabad.
...Respondents...
.....
Smt.B.B. Gunjal, Advocate appointed for petitioner. Shri K.S. Patil, APP for respondent nos.1 to 3. .....
CORAM: R.M. BORDE & K.L. WADANE, JJ.
DATE: 02.05.2016 ORAL JUDGMENT (Per Borde, J.) :
1] Heard learned counsel for the parties. Rule. Rule made returnable forthwith and with the consent of
- 2 - learned counsel for the parties, the petition is taken up for final disposal at the stage of admission. 2] The petitioner is praying for issuance of directions to the respondent - authorities to consider the proposal for his premature release from prison. The petitioner is a life convict undergoing sentence of imprisonment at Open Prison, Paithan. The petitioner was arrested on 10.5.2001 and has undergone a total period of actual imprisonment for 14 years 7 months and 21 days. He is held entitled for remissions of 9 years and 9 days. As such the total period of imprisonment undergone by the petitioner till 31.3.2016 is 23 years and 8 months. The petitioner has been categorized as Category No.2(C) prisoner as per the Government resolution dated 11.4.2008 and is entitled to be released on completion of 26 years imprisonment. A proposal in that regard has been tendered to the Principal Secretary of the State Government on 23.2.2015 and the same is stated to be pending.
3] In this view of the matter, the instant petition can be disposed of by directing the respondents to take decision on the proposal as expeditiously as possible and
- 3 - preferably within a period of four months from today. Rule is made absolute in above terms.
6] Learned counsel Smt.B.B. Gunjal appointed to assist the Court shall be paid legal remuneration of Rs.5,000/-. (K.L. WADANE, J.) (R.M. BORDE, J.) ndk/cr251623.doc