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Bombay High CourtWP/340/2025dismissed

Suraj S/O Keshav Gurnule v. State Of Maharashtra, Thr Its Secretary, Home Deptt, Mumbai And ANR.

2025-09-10Hon'Ble Shri Justice Anil L. Pansare,Hon'Ble Shri Justice Siddheshwar Sundarrao Thombre2 pages

930 wp 340-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL WRIT PETITION NO.340/2025 Suraj Keshav Gurnule Vs.

State of Maharashtra through its Secretary, Home Department, Mumbai and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Ms B.N. Gavhale, Advocate for petitioner Ms N.R. Tripathi, APP for respondents/State CORAM : ANIL L. PANSARE AND SIDDHESHWAR S. THOMBRE, JJ.

DATE : 10.09.2025 1.

The petitioner seeks benefit of remission of three months in terms of Government Resolution dated 03.06.2017 issued on account of 125th Birth Anniversary of Dr. Babasaheb Ambedkar. The petitioner was chargesheeted for the offence committed in May 2016. The charge-sheet was filed in the year 2017. The petitioner has been convicted for the offence punishable under Section 376(1) of Indian Penal Code, 1860 and sentenced to suffer rigorous imprisonment for seven years vide judgment dated 14.07.2022. The petitioner is in jail.

2.

The learned APP submits that the benefits under Government Resolution dated 03.06.2017, are available to the prisoners as on 14.04.2016.

930 wp 340-2025.odt 3.

We have gone through the Government Resolution which provided that the benefits of remission will be extended on 14.04.2016, meaning thereby that the benefit was available to the prisoners, who were in prison on that date or prior thereto. The petitioner however, was not even convicted on that date. Rather offence itself has been committed subsequent to 14.04.2016.

4.

That being so, the petitioner will not be entitled for the benefits of the Government Resolution. Accordingly, the petition is dismissed.

(SIDDHESHWAR S. THOMBRE, J.) (ANIL L. PANSARE, J.) R.S. Sahare