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Bombay High CourtCP/632/2017

Laxman Shetiba Lokhande v. The State Of Maharashtra Through Secretary, Home Department, Mantralaya, Mumbai And Another

2018-02-01Hon'Ble Shri Justice Prasanna B. Varale,Hon'Ble Smt. Justice Vibha Kankanwadi2 pages

cp632.17 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CONTEMPT PETITION NO.632 OF 2017 IN CRIMINAL WRIT PETITION NO.788 OF 2017 Laxman S/o Shetiba Lokhande ..PETITIONER

VERSUS

Sandeep Kamble & anr.

..RESPONDENTS Mr R.A. Jaiswal, Advocate for petitioner;

Mrs P.V. Diggikar, A.G.P. for respondents CORAM : PRASANNA B. VARALE AND SMT. VIBHA KANKANWADI, JJ DATE : 1st February, 2018 ORAL ORDER:

The petitioner-convict is before this Court for grant of the benefit of premature release, in view of the Government Resolution dated 6th August, 1997. On account of Golden Jubilee of Indian Independence, the State Government thought it fit to grant the benefit of remission to the convicts. The case of the petitioner was that he falls in the category of such convicts who are entitled for such benefit. 2.

The notice was issued by this Court on 7th November, 2017. The perusal of the order sheet further shows that the Under Secretary was directed to remain present before this Court. Today, learned Addl. Public Prosecutor submits that the Under Secretary is present in this Court and the learned Addl. Public Prosecutor places on record the copy of the

cp632.17 (2) communication dated 1st February, 2018. Learned Addl. Public Prosecutor submits that the Deputy Legal Advisor cum Deputy Secretary forwarded the positive opinion to grant benefit to the petitioner and accordingly the necessary orders would be passed at the earliest. As the grievance of the petitioner is redressed and addressed to and the State Government makes a statement that necessary orders would be passed as early as possible, in our opinion, the grievance of the petitioner is redressed. As the statement is made before this Court, we hope and trust that the competent authority would pass the necessary orders as expeditiously as possible. The purpose of approaching this Court is served. Petition is disposed of accordingly.

(SMT. VIBHA KANKANWADI, J.) (PRASANNA B. VARALE, J.) amj