Khanna Sukhalal Uike v. The State Of Maharashtra Thr. Ministry For Home Mantralaya Mumbai 32 And 1

2024:BHC-NAG:4623-DB Order 2304wp357.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL WRIT PETITION NO. 357/2024.

Khanna Sukhalal Uike.

-VERSUS- 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 R.K. Maheshwari, Advocate (Appointed) for the Petitioner.

Ms N. Tripathi, A.P.P. for Respondents.

CORAM : VINAY JOSHI AND VRUSHALI V. JOSHI , JJ.

DATE : APRIL 23 , 2024.

Heard.

2.

The petitioner has applied for special remission in terms of the government resolution dated 03.06.2017. The judicial appraisal report dated 11.11.2022 discloses that the opinion is given treating that a premature release has been sought after completion of 14 years of imprisonment. Infact on account of 125th Birth Anniversary of Dr.Babasaheb Ambedkar, a special Rgd.

Order 2304wp357.24 remission scheme has been introduced vide Government Resolution dated 03.06.2017.

Therefore the opinion ought to have been confined to the criteria enlisted in the said government resolution only.

3.

In view of above, the jail authority is directed to immediately seek fresh opinion from the convicting Judge by forwarding copy of this order. The concerned Judge shall furnish his opinion within a period of one week strictly in terms of the government resolution dated 03.06.2017. On receipt of the said opinion, the Authority shall pass appropriate orders within further period of one week.

4.

Criminal Writ Petition stands disposed of in above terms.

5.

Fees of the appointed Counsel be paid as per Rules.

JUDGE JUDGE Rgd.