Yogesh Natthuji Uike (In Jail) v. The Deputy Inspector Of General Prison (E.R.), Nagpur

1 wp33.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO.33/2019 Yogesh Natthuji Uike ..Vs..

The Deputy Inspector General Prison (E.R.), Nagpur and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Asif S. Siddiqui, Advocate h/f Shri G.S. Umale, Advocate (appointed) for the petitioner.

CORAM : Z.A. HAQ AND VINAY JOSHI, JJ.

DATED : 22.3.2019.

Heard.

The petitioner, who is convicted for commission of offence punishable under Section 302 of the Indian Penal Code and is undergoing life imprisonment, has prayed for remission in terms of Government Resolution dated 3rd June, 2017. It is apparent from the petition itself that the petitioner has undergone imprisonment of 5 years till the date of filing of this petition. There is specific bar to grant remission to the prisoners, who are convicted for offence for which death is one of the penalty who are awarded life imprisonment, before completion of 14 years of imprisonment. Since the petitioner has undergone only 5 years of imprisonment, he does not fulfill the criteria for remission and, therefore, petition carries no merit. It is dismissed accordingly. The fees of Advocate appointed to represent the petitioner be paid as per Rules. JUDGE JUDGE Tambaskar.