Gajanan Shankarrao Almelkar (In Jail) v. State Of Maharashtra Thr. Secretary Home Department Mantralaya Mumbai And Others

1 WP380.2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR C riminal W rit P etition No. 380/2017 Gajanan Shankarrao Almelkar v. State of Maharashtra and anr - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Miss S.B. Khobragade, Advocate for appellant Shri A.M.Joshi, A.P.P for the respondent no. 1 to 3 CORAM : P.B.Varale and M.G.Giratkar, JJ.

DATE : 26.7.201 7 .

Heard.

The petitioner, who is convicted and undergoing sentence, lodged at Central Prison, Nagpur is before this Court with a prayer seeking direction to the respondent authority to decide categorization of the petitioner and his Pre-Mature Release.

It was stated that the petitioner is in prison from 2003 and has completed 14 years of actual imprisonment. It was submitted that the behavior of the petitioner was good and the case of the petitioner for categorization is yet not considered by the respondent authority.

On a perusal of the reply filed by the respondent no.3 - Superintendent, Central Prison,

2 WP380.2017 Nagpur, it reveals that the case of the petitioner would fall under category No. 3 (b) of the guidelines for Pre-Mature Release of the prisoners. It is stated that the petitioner may be released after 22 years of the imprisonment with remission subject to completion of 14 years of Actual Imprisonment. The copies of the guidelines dated 11/05/1992 and 15/03/2010 are placed on record along with the affidavit. It is submitted that four week's time may be granted to decide the proposal of the petitioner for his Pre-Mature Release. Considering the above referred statements made in the reply, in our opinion, the petition can be safely disposed of by directing the Respondent authority to decide the proposal of the petitioner as early as possible within a period of four week's from the date of order of this Court.

The petition is disposed of accordingly.

JUDGE JUDGE A.P. Ansari