Madan Raghunath Pathare v. The State Of Maharashtra And Another

932 WP.1317.2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

932 CRIMINAL WRIT PETITION NO.1317 OF 2023 MADAN RAGHUNATH PATHARE

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Petitioner : Ms. Sharada Pundlik Chate. APP for Respondent/State: Mr. S. N. Morampalle. ...

CORAM :

R. G. AVACHAT and SANJAY A. DESHMUKH, JJ.

DATE :

17th October, 2023.

Per Court:

.

Heard.

The petitioner completed 4 years 5 months and 27 days imprisonment as on 15th October, 2023 as against the sentence of 7 years. For grant of relief of release under the Special Scheme namely Azadi Ka Amrit Mahotsav, the convict is expected to have completed not less than 66% of the imprisonment. His brother, co-accused of the very crime, has been granted relief, since he has completed 4 years, 9 months and 16 days of the imprisonment on the cut-off date. The calculations indicate the present petitioner was not eligible for remission, since on the given date he had not undergone 66% of the imprisonment as against 7 years. The authorities concerned have,

932 WP.1317.2023.odt therefore, rightly not considered his claim. The petition thus, sans merit. The same stands dismissed.

[ SANJAY A. DESHMUKH, J. ] [ R. G. AVACHAT, J. ] nga