Gabriel @ Baba Hana Moben (C-7737) v. The State Of Maharashtra And Others

909- Cri. W. P. No. 889-2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.889 OF 2019 Gabriel @ Baba Hana Moben, Age : 56 Years, Occ. Nil Convict No.7737, at Present in Central Prison, Aurangabad ..PETITIONER VERSUS1.

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 ..RESPONDENTS ...

Advocate for Petitioner : Mr. Gunjal Bharati B. APP for Respondents: Mr. A. S. Shinde ...

CORAM

:T.V. NALAWADE AND K.K. SONAWANE ,JJ.

DATE : 3rd JULY, 2019.

ORAL JUDGMENT ( PER T.V. NALWADE, J] :- Rule. Rule made returnable forthwith. By consent, heard both the sides for final disposal.

2.

Direction is claimed against the respondent authority by the petitioner, prisoner to take decision on his proposal filed for his premature release. Learned counsel for the petitioner submitted that the

909- Cri. W. P. No. 889-2019.odt petitioner has undergone actual imprisonment for 18 years and including period of remission the period comes to 24 years. She submits that the learned Sessions Judge has given opinion that the petitioner needs to be kept in category for which the period of imprisonment is 22 years. He submits that in spite of all this circumstances the proposal of 2016 is not yet decided. In view of the aforesaid circumstances direction is hereby given to decide the proposal within 30 days from today in any case.

3.

Authenticated copy allowed to both sides.

[K.K. SONAWANE] [T.V. NALAWADE] JUDGE JUDGE YSK/