Anil Vithoba Nil (C-13) v. The State Of Maharashtra And ANR

{1} criwp1768.19.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 1768 OF 2019 Anil Vithoba Nil (C-13) Age 50 years, occ. Convict r/o Open Prison Aurangabad Dist. Aurngabad Petitioner

Versus

State of Maharashtra Through Superintendent of Jail Open Prison, Aurangabad Dist. Aurangabad 2.

State of Maharashtra Through Secretary, Home Department (Prison) Mumbai 400 005.

Respondents Mr. V.P. Narwade, advocate for the petitioner. Mrs. V.S. Choudhari, APP for both the respondents. CORAM : T.V.NALAWADE & N.B. SURYAWANSHI, JJ., DATE : 02nd December, 2019.

JUDGMENT : (PER T.V. NALAWADE, J) 1.

Rule. Rule made returnable forthwith.

2.

By consent of the parties, heard fnally.

3.

Present proceeding is fled for seeking directions against respondents to take deicision on premature release of the petitioner. The submissions made show that the petitioner has been behind the bars since the year 2004 and the proposal came to be forwarded to the respondents in the year 2017. Learned

{2} criwp1768.19.odt counsel for the petitioner submits that if petitioner is placed in a category for which imprisonment period is 24 years, then after considering the remission, he has completed a period of almost 22 years and so the decision needs to be taken expeditiously. 4.

In view of the aforesaid circumstances, this Court holds that direction needs be given to the respondents to take decision expeditiously. Petition is allowed. 5.

Direction is hereby given to the respondents to take decision on the proposal in respect of the present petitioner within 45 days from today.

6.

Rule made absolute in above terms.

(N. B. SURYAWANSHI) (T. V. NALAWADE) JUDGE JUDGE dyb/