Umesh Ramesh Tiwari (In Jail) v. State Of Maharashtra Thro. Secretary Home Department, Mantralaya, Mumbai-32 And Another

0406wp242.19 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO.242 OF 2019 (Umesh Ramesh Tiwari vs. The State of Maharashtra and another) ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Shri M.N. Ali, Advocate for petitioner.

Mrs. N.R. Tripathi, Additional Public Prosecutor for respondents.

-------- CORAM : P.N. DESHMUKH AND PUSHPA V. GANEDIWALA, JJ.

DATED : JUNE 4, 2019 Heard learned Counsel for the parties.

The only prayer in this petition is to issue direction to respondent no.1 to take decision if petitioner is entitled for categorization.

The petitioner is undergoing sentence for the offence punishable under Section 302 of Indian Penal Code and is in Jail since June 2004 and as such, has undergone more than 14 years of actual sentence and 20 years with period of remission. The petitioner, therefore, claims himself eligible to be categorized as per provisions of Rule 6 of the Maharashtra Prison (Review of Sentences) Rules, 1972, which contemplates that life convicts should be categorized after 12 years of actual sentence.

The affidavit-in-reply of the respondents reveals that the case of petitioner is already

0406wp242.19 2/2 recommended by learned Sessions Judge, Amravati for categorization as per Clause 3(b) of the guidelines issued by the State Government on 15/3/2010 and such recommendation along with report of Inspector General of Prisons has been forwarded to State Government for due consideration on 22/3/2017. However, till date decision on such recommendation is not taken. Having considered facts as aforesaid and recommendation is of 22/3/2017 and period of more than two years has lapsed, following order is passed : The respondent no.1 is directed to take decision on the recommendation forwarded to State Government vide communication dated 22/3/2017 expeditiously and in any case within a period of three weeks from the date of receipt of writ of this Court. The petition is allowed accordingly.

The fee payable to learned Counsel appointed for petitioner is quantified as rupees fifteen hundred.

JUDGE JUDGE khj