Nana Keshav Lagad v. The State Of Maharashtra

1124.16WP FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ______________________________________________________ CRIMINAL WRIT PETITION NO. 1124 OF 2016 NANA KESHAV LAGAD

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Petitioner :Mr.S.N. Gaikwad (appointed) AGP for Respondent/State:Mr.K.S. Patil ...

CORAM: S.S.SHINDE & SANGITRAO S. PATIL, JJ.

Dated: October 05, 2016 ...

Heard.

2.

This Petition is filed seeking directions to the Respondent authorities to consider the claim of the petitioner in respect of remission in sentence in terms of the amended Rule 16 of the Maharashtra Prisons (Bombay Furlough and Parole) Amendment Rules, 1959. It is also further prayed that the benefit be given in respect of the period anterior to

1124.16WP 23.04.2012.

3.

There is consensus amongst the learned counsel appearing for the petitioner and the learned A.P.P.

appearing for the Respondent/State that the issue raised in this Petition is no more res integra and is covered by the judgment of the Division Bench of this Court in the case of Jagannath Raghunath Shelke V/s State of Maharashtra and ors.1.

4.

In that view of the matter, the benefit of amended Rule 16 of the said Rules will be given to the petitioner in case of extended period of furlough of 14 days granted prior to 23rd April, 2012.

The concerned authority to pass the appropriate orders in that respect, keeping in view the aforesaid rule and judgment of this Court in the case of Jagannath (supra).

5.

With above observations, the Petition stands disposed of.

(SANGITRAO S.PATIL, J) (S.S. SHINDE, J) sga/ 2014(2) Bom.C.R.(Cri.)468