Suryakant S/O Atmaram Kadam v. Superintendent, Open Prison Morshi, Dist. Amravati

Judgment Cri.W.P.70.2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CRIMINAL WRIT PETITION NO. 70 OF 2021 Suryakant S/o Atmaram Kadam, Aged Adult, Convict No.C-432 detained in Open Prison, Morshi, District Amravati.

.... PETITIONER // VERSUS // Superintendent, Open Prison, Morshi, District Amravati.

.... RESPONDENT ______________________________________________________________ Shri N. L. Jaiswal, Advocate (appointed) for the petitioner. Ms H. N. Jaipurkar, A.P.P. for the respondent. ______________________________________________________________ CORAM : SUNIL B. SHUKRE AND AVINASH G. GHAROTE, JJ.

DATED : 22.02.2021.

ORAL JUDGMENT : (Per : Sunil B. Shukre, J.) 1.

Heard. Rule. Rule made returnable forthwith.

2.

Heard finally by consent of the learned counsel appearing for the parties.

3.

There is a limited prayer made in this petition and therefore, we are inclined to allow the petition. The petition is allowed

Judgment Cri.W.P.70.2021.odt and learned Additional Sessions Judge, Kolhapur is directed to decide the proposal regarding remission of sentence dated 27.07.2017 dispatched on 31.07.2017, within a period of two weeks' from the date of the order, if not decided as yet, in accordance with law, particularly keeping in view the law laid down by this Court in the case of Criminal Writ Petition No. 32 of 2021, Ramu Rangrut Madkam Vs. The Deputy Inspector General of prisons (East Zone), Nagpur, decided on 15.02.2021.

Rule accordingly.

Legal remuneration of Rs.2,500/- (Rs. Two thousand five hundred only) be paid to learned Advocate appointed for the petitioner.

(AVINASH G. GHAROTE, J.) (SUNIL B. SHUKRE J.) Kirtak