Gajanan Kalipuri Puri (In Jail) v. Principal Secretary, Department Of Home Affairs (Mantralaya) Mumbai And Another

1 cwp21.18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL WRIT PETITION NO.21 OF 2018 [Gajanan Kalipuri Puri .vs. Principal Secretary, Department of Home Affairs (Mantralaya), Mumbai-32 and one] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mrs. Sunita Paul, Counsel (Appointed) for the Petitioner, Mrs. Ketki S. Joshi, APP for the Respondents-State. ..........

CORAM : SMT. VASANTI A NAIK AND MRS. SWAPNA JOS HI, JJ .

DATED : APRIL 24, 2018.

By this criminal writ petition, the petitioner seeks his categorization for his premature release. The petitioner also seeks the benefit of remission as per the policy of the government.

We are not inclined to grant the relief sought by the petitioner in the instant petition. It is pointed out by the learned Additional Public Prosecutor on the basis of the affidavit-in-reply filed on behalf of the respondents that the petitioner had filed a couple of writ petitions challenging his categorization and those writ petitions were dismissed. It is stated that the petitioner would be required to suffer imprisonment for a period of 26 years, in view of his categorization, as per the government policy.

It is stated that the petitioner would also not be entitled to remission as the petitioner was required to be brought to the prison through the police on one of the occasions after 787 days and even by taking a lenient view as per the directions of this court, a day's remission is cut for each days delay in returning to the prison, the petitioner would lose his remission by 787 days. It is stated that with the deduction of 787 days remission, the petitioner would not be entitled to any remission as the petitioner does not have sufficient remission days to his credit.

2 cwp21.18.odt that since the petitioner does not have sufficient remission days to his credit, his name is removed from the remission register. In the result, we dismiss the writ petition. Order accordingly.

JUDGE JUDGE Gulande