Vilas Motiram Takalikar v. State Of Mah, Thr Secretary Home Department Mantralaya, Mumbai

1 wp327.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO. 327/2019 Vilas Motiram Taklikar ..VS..

State of Maharashtra, Thru. Secretary, Home Department, Mantralaya, Mumbai. & Anr. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.S. Wanjari h/f Shri G.S. Agrawal, Advocate for the Petitioner.

Shri A.M. Balpande, APP for Respondents.

CORAM : Z.A.HAQ & VINAY JOSHI, JJ.

DATED : 29 th April, 2019.

.

Heard.

2.

Petitioner, a convict, has approached this Court for grant of remission in terms of Government Resolution dated 3rd June, 2017.

3.

Learned APP brought to our notice correspondence dated 23rd April, 2019, by which Superintendent of Central Prisons, Nagpur, informed that petitioner-convict has already undergone 24 years of imprisonment and has been released on 9th February, 2019. In the wake of such position, petition has become infructuous. While parting with the order, we noticed that this petition is filed on 12th April, 2019, meaning

2 wp327.19 thereby on the date of filing of petition, the cause for filing the petition did not exist. Learned advocate appointed to represent the petitioner should have taken updated position, but instead of that the petition is filed for a cause which was not existing.

4.

Taking into account this factor, we hereby dispose petition and direct the office to pay fees of Rs. 1,000/- (Rs. One Thousand) only to the appointed Advocate.

JUDGE JUDGE Prity