Prabhakar S/O. Vishwanath Sonawane (C-118) v. The State Of Maharashtra And ANR

965- Cri. W. P. No. 1106-2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.11 OF 2019 Prabhakar S/o Vishwanath Sonawane (C-118) Open Prison, Visapur.

..PETITIONER

VERSUS

1.

The State of Maharashtra, Through Superintendent of Jail, Open Prison, vISAPUR 2.

The State of Maharashtra, Through Secretary, Home department ( Prison), Mumbai- 400005.

...

Advocate for Petitioner : Mr. Jaiswal R. A.

APP for Respondents: Mrs. D.S. Jape ....

CORAM

:T.V. NALAWADE AND R.G. AVACHAT ,JJ.

DATE : 04th SEPTEMBER, 2019.

ORAL JUDGMENT [PER T.V. NALAWADE J] :- Rule. Rule made returnable forthwith. By the consent heard both the side.

2.

The submissions made and record shows that the petitioner is life convict and he is behind bars for a period of 22 years and 9 months. He has applied for giving direction to the respondents to take decision on the proposal made for pre-mature release. It is contention that he falls in category for which the imprisonment period provided is 22 years and he has completed already that period. The submissions made and

965- Cri. W. P. No. 1106-2019.odt record shows that the proposal has been pending with the Government at least from March 2019, as the imprisonment period is calculated up to that month. In view of the submissions made and record this Court holds that direction needs to be given to the Government to take decision expeditiously on this proposal. In the result, petition is allowed. Direction is hereby given to the respondents- State to take decision on the proposal within 45 days from today. Rule made absolute in aforesaid terms.

[R.G. AVACHAT] [T.V. NALAWADE] JUDGE JUDGE YSK/