Ravi Baliram Uike (In Jail) v. State Of Maharashtra Thr. Its Secretary, Department Of Home And Othr.

2201cwp235.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL WRIT PETITION (CWP) NO. 235 OF 2019 (Ravi Baliram Uike (C-8169) detained in Central Prison, Nagpur vs. The State of Maharashtra thr. its Secretary, Home Department & Ors.) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Mrs. S.S. Dhote, Advocate (appointed) for the petitioner.

Mrs. M.H. Deshmukh, APP for the respondents.

.....

CORAM : P.N. DESHMUKH & PUSHPA V. GANEDIWALA, JJ.

JANUARY 22, 2020.

Heard Mrs. S.S. Dhote, learned counsel (appointed) for the petitioner and Mrs. M.H.

Deshmukh, learned APP for the respondents.

In this petition, a life convict for the offence of murder and undergoing the sentence in Central Prison, Nagpur, challenges the order dated 27.11.2018 passed by the Chief Judicial Magistrate, Nagpur, thereby confirming the prison punishment i.e. depriving the petitioner from getting remission forever. The reason for imposing prison punishment was stated that the petitioner jumped his parole leave and he was required to be arrested by the police after 1265 days from the due date of surrender.

As per notification dated 02.08.2011, if

2201cwp235.19 the prisoner unauthorizedly remains out of jail for a period of more than six months, the prisoner would not be entitled for remission permanently.

We do not find any infirmity or illegality in the impugned order dated 27.11.2018. In the circumstances, there is no merit in the Criminal Writ Petition, hence it needs to be dismissed and the same is accordingly dismissed.

Fee of the learned counsel appointed for the petitioner is quantified at Rs.2,000/- (Rs. Two thousand only).

JUDGE JUDGE *GS.