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Bombay High CourtWP/141/2020rejected

Tanaji Vitthalrao Bhosale v. State Of Mah., Thr. Its Secretary, Dep. Of Home, Mantralaya, Mumbai And Another

2021-06-16Hon'Ble Shri Justice V.M. Deshpande,Hon'Ble Shri Justice Amit B. Borkar2 pages

crwp141.20.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL WRIT PETITION NO.141/2020 Tanaji Vitthalrao Bhosale .vs. State of Maharashtra through its Secretary, Home Department, Mantralaya, Mumbai and anr.

_______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Mr. Ashish Fule, Advocate appointed for petitioner. Mrs. N. Tripathi with Mr. S.M. Ghodeswar, A.P.P. for respondents.

CORAM : V.M. DESHPANDE AND AMIT B. BORKAR, JJ. DATED : JUNE 16, 2021 Heard Mr. Fule, learned counsel for petitioner appointed through High Court Legal Services Sub Committee, Nagpur and Mrs.Tripathi with Mr.Ghodeswar, learned A.P.P. for respondents-State. Also perused the reply filed on behalf of the State.

By filing the present writ petition, the petitioner is seeking remission in sentence for a period of three months in view of the Government Resolution dated 03.06.2017. The State has filed reply. In the reply, it has been specifically stated that when the petitioner was released on parole on 19.03.2015, during parole, he has committed an offence punishable under Sections 392, 397, 34 of the Indian Penal Code and Sections 3/25 of the Arms Act vide Crime No. 110/2015 within the jurisdiction of Vazirabad Police Station, Nanded and an offence punishable under Section 307 of the Indian Penal Code

crwp141.20.odt and Sections 3/25 of the Arms Act vide Crime No.66/2015 within the jurisdiction of Parli (Rural) Police Station.

In view of this, we are of the view that the petitioner's case is not a fit case for remission. The writ petition is, therefore, rejected.

Mr. Fule, learned counsel appointed for the petitioner through High Court Legal Service Sub Committee, Nagpur is entitled to professional charges and we quantify it at Rs.1500/- JUDGE JUDGE kahale