Chandrakant S/O. Laxman Jadhav v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.1037 OF 2019 Chandrakant s/o Laxman Jadhav, Age-52 years, Occu:Nil Convict No.8037, R/o-At present in Central Prison, Aurangabad, Dist-Aurangabad.

...PETITIONER

VERSUS

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. Bharti B. Gunjal Advocate for Petitioner. Mr.A.A. Jagatkar, A.P.P. for Respondent Nos.1 to 3.

...

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

DATE : 11TH JULY, 2019

ORAL JUDGMENT [PER T.V. NALAWADE, J.] :

1.

Rule. Rule made returnable forthwith and heard finally with the consent of the learned counsel appearing for the parties.

2.

Present proceeding is filed for giving directions to the Respondents to take decision on the proposal given in respect of the Petitioner. The proposal is given that the Petitioner needs to be placed in the category under which he will be required to undergo actual imprisonment of 22 years.

3.

The submission is made that the Petitioner has been behind bars and he has undergone 21 years imprisonment and the proposal is pending with the Government for more than 1 and 1⁄2 years. In view of this, direction needs to be given to the Respondents.

4.

In the result, the Writ Petition is allowed. The State Government is directed to take decision on the proposal in respect of the Petitioner within 30 days from today. Rule is made absolute in those terms.

5.

Authenticated copy of this order be supplied to both the parties.

(K.K. SONAWANE, J.) [T.V. NALAWADE, J.] asb/JUL19