Vijay Deepak Ingale (In Jail) v. The D.I.G. Prisons (E) (R), Nagpur And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL WRIT PETITION No. 594/2016.

Vinay Deepak Ingale (In Jail) -VERSUSThe D.I.G. Prison (E)(R) Nagpur and others. Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

CORAM : B. P. DHARMADHIKARI & A.S. CHANDURKAR, JJ.

DATE : OCTOBER 01, 2016.

Heard Shri A.A. Pannase, learned counsel (appointed) for the petitioner and Shri N.R. Rode, learned A.P.P. for respondents. Perused reply. 2.

Challenge is to order imposing remission cut of total 335 days for late reporting by 67 days. The order is dated 23.06.2016.

3.

After hearing, we find that the petitioner while submitting explanation to show cause notice, did not submit any documents. Learned counsel for petitioner submits that first extension after regular parole was allowed, but, second extension came to be rejected. According to him some medical papers showing illness of father and illness of petitioner may

have been supplied along with the application seeking second extension of parole. Learned A.P.P. disputes this.

4.

We do not wish to go into the merits of the controversy. On the basis of the papers made available to us, we do not find any perversity in the order. If any documents are supplied by the petitioner, those documents ought to have looked into by the authorities while examining the correctness of the defence. Hence, taking over all view of the matter, we grant petitioner leave to supply copies of such documents which were earlier submitted with a representation. If such representation and such documents are made available within a period of four weeks, the authorities shall reapply their mind to the quantum of punishment imposed.

5.

Writ Petition is, thus partly allowed and disposed of. No costs.

6.

Fees for the learned counsel appointed for the petitioner is quantified at Rs. 1500/-.

JUDGE JUDGE Rgd.

CERTIFICATE is a true and correct copy of original signed judgment/order.

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