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Bombay High CourtWP/564/2023disposed off

Asha Mahesh Gonnade v. State Of Mah. Thr. Its Addl. Chief Secretary, Home Dept. Mantralaya Mumbai And Another

2023-08-10Hon'Ble Shri Justice Vinay Joshi,Hon'Ble Shri Justice Valmiki Menezes2 pages

907.wp564.2023jud.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL WRIT PETITION NO. 564 OF 2023 Smt. Asha Mahesh Gonnade Aged about 48 years, Occupation - Household, R/o. Bastarwari Ward, Paoni, Tah. Paoni, Dist. Bhandara - 441910 ... Petitioner

Versus

1. State of Maharashtra, Through its Additional Chief Secretary, Home Department Mantralaya, Mumbai - 32

2. Superintendent of Jail, Gadchiroli Open Prison, District - Gadchiroli ... Respondents Mrs. Deepa I. Charlewar, Advocate for petitioner. Ms. Nandita Tripathi, APP for respondent Nos.1 & 2. CORAM :

VINAY JOSHI, AND VALMIKI SA MENEZES, JJ.

DATE :

10.08.2023.

ORAL JUDGMENT: (PER: Vinay Joshi,J) Rule. Rule made returnable forthwith. Heard finally by consent of both the learned counsel for the parties. (2) The petitioner is convicted for the offence punishable under Section 302 of the Indian Penal Code and undergoing imprisonment for life.

907.wp564.2023jud.odt (3) It is informed that petitioner would complete 14 years of imprisonment in the month of November, 2023. The petitioner's wife has filed representation dated 06.04.2023 with an urge that petitioner shall be released after completion of 14 years on account of good behaviour. According to petitioner, the said representation has not been decided and therefore, this petition. (4) Since, the petitioner was about to complete 14 years of imprisonment, his case needs to be referred for proper categorization and remission in accordance with law. The Authority may take into account the representation while considering the petitioner's case for remission and pass further orders in accordance with law.

(5) In view of above, petition stands disposed of accordingly.

(6) Fees of appointed learned counsel be paid as per rules.

[VALMIKI SA MENEZES, J.] [VINAY JOSHI, J.] Prity Signed By:PRITY SHYAM GABHANE Reason:

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