Vikas S/O. Shrawan Sidam v. State Of Mah. Thr. Its Secretary Home Dept. Mumbai-32 And Another

2025:BHC-NAG:9358-DB 1 cr. wp 405.2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO. 405 OF 2023 [Vikas S/o Shrawan Sidam vs. The State of Maharashtra, through its Secretary, Home Department and anr.] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------------ - - - Mr. Amol Hunge, Advocate (Appointed) for the petitioner Mrs. N. R. Tripathi, APP for the State/respondents CORAM: ANIL L. PANSARE AND SIDDHESHWAR S. THOMBRE, JJ.

DATED : 18-09-2025.

Heard.

2.

The petitioner seeks remission in terms of Government Resolution (G.R.) dated 3-6-2017. The petitioner is in jail since 15-9-2016.

3.

Learned Additional Public Prosecutor (APP) has invited our attention to the aforesaid G.R. She submits that G.R. is applicable to the prisoners, who were in jail on 14-4-2016.

4.

We have gone through the G.R. and find that what learned APP has said is correct. By the aforesaid G.R., the prisoners, who were in prison on 14-4-2016, were given benefit of certain days of remission in view of 125th birth anniversary of Dr. Babasaheb Ambedkar. Thus, the G.R. is meant for particular occasion i.e. 125th birth anniversary of Dr. Babasaheb Ambedkar. A specific note is made in the G.R. that the benefits of G.R. should be given on 14-4-2016. As per the G.R., those prisoners, who were imprisoned for three months, will be entitled for remission of 7 days, those who were imprisoned between 3 to 12 months will be entitled for remission of 15

2 cr. wp 405.2023 days, those who were imprisoned between 1 to 5 years will be entitled for 2 months remission and those who were imprisoned for 5 years or more will be entitled for remission of 3 months. This entitlement is subject to certain conditions. The benefit was to be extended on 14-4-2016, the date of 125th birth Anniversary of Dr. Babasaheb Ambedkar. The petitioner was not undergoing any imprisonment on 14-4-2016 and, therefore, will be not entitled to the benefits of G.R. The petition is accordingly dismissed.

5.

The fees of appointed counsel shall be quantified and paid in accordance with the rules.

(S. S. THOMBRE, J.) (A. L. PANSARE, J.) wasnik