Md Majlum Dost Miyan Ansari (Convict No 172) v. The State Of Maharashtra

1 Cri.WP-1173-16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 1173 OF 2016 Mohammad Majlum Dost Miyan Ansari Prisoner No. C-172 ...PETITIONER versus The State of Maharashtra ...RESPONDENT .....

Mr. Aditya Reddy, Advocate for petitioner (Appointed ) Mr. P. G. Borade , APP for Respondent State .....

CORAM : S.S. SHINDE, AND K.K. SONAWANE, JJ.

DATED : 29th NOVEMBER, 2016.

Order :- 1.

Heard learned counsel appearing for the petitioner and learned APP for respondents.

2.

At the outset, the learned APP has tendered across the Bar affidavit in-reply along with annexures i.e. communication dated 31-08-2016 written by the Under Secretary, Home Department, Government of Maharashtra to the Superintendent of Visapur Open Prison, District Ahmednagar coupled with order dated 31-08-2016 passed by the Under Secretary, Home Department, Government of Maharashtra. The same are taken on record and marked as "X" for identification purpose.

2 Cri.WP-1173-16 3.

On careful perusal of affidavit-in-reply and annexures thereto, it appears that in paragraph No. 4 of the affidavit-in reply it is stated that the Prisoner No. C-172 -Mohammad Majlum Dost Miyan Ansari has completed 19 years, 05 months and 02 days of total imprisonment including remissions as on 25-11-2016 and as and when applicant / petitioner completes 20 years imprisonment in the Open District Prison including remissions, he will be released from jail.

4.

In that view of the matter, prayers made by the petitioner in instant petition are satisfied.

5.

The fees payable to the advocate appointed on behalf of the petitioner be paid to him as per rules.

Sd/- Sd/- [ K. K. SONAWANE, J.] [ S.S. SHINDE, J.] MTK