Santosh Kisan More (In Jail) v. D.I.G. (Prison) (East), Nagpur And Another
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR CRIMINAL WRIT PETITION NO.516 OF 2016 Santosh Kisan More ..vs..
D.I.G. (Prisons) (East), Nagpur and anr ....................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ....................................................................................................................................................... Shri Mir Nagman Ali, counsel for the petitioner. Shri N.R. Rode, Addl.P.P. for the respondents/State.
CORAM
: B.P. DHARMADHIKARI & A.S. CHANDURKAR, JJ.
DATED : OCTOBER 20, 2016.
Heard learned counsel Shri Mir Nagman Ali for the petitioner and learned Additional Public Prosecutor Shri N.R. Rode for the respondents/State. The challenge is to order dated 24.11.2006 imposing cut in remission of thirty-nine days that is three days remission cut for each one day of late reporting.
After hearing learned counsel Shri Mir Nagman Ali for the petitioner and learned Additional Public Prosecutor Shri N.R. Rode for the respondents/State we find that parole leave was sought on 12.7.2005 and he was released on 22.7.2005 for a period of fifteen days. He was expected to report back .....2/-
on 7.8.2005. The grandfather, for whose illness parole leave was sought, expired on 6.8.2005. In this situation, the petitioner has reported back on 20.8.2005 that is after fourteenth day of the death.
Surrender is voluntary and the petitioner was not required to be arrested.
In this situation, considering the fact, we find punishment as imposed unsustainable. It is accordingly quashed and set aside.
The writ petition is allowed. No costs.
JUDGE JUDGE !! BRW !!
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C E R T I F I C A T E I certify that this Order/Judgment uploaded is a true and correct copy of original signed Order.
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Uploaded on :- 20/10/2016 (Personal Assistant) ...../-