Bombay High CourtWP/690/2017others disposed off

Ganpat Barkuji Parteki (In Jail) v. State Of Maharashtra Thr. Secretary Home Department Mantralaya Mumbai And Others

2017-09-19Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Shri Justice Murlidhar Ganpatrao Giratkar2 pages

WP690-17 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL WRIT PETITION NO. 690/2017 (GANPAT BARKUJI PARTEKI (IN JAIL) VERSUS THE STATE OF MAHARASHTRA & OTHERS) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms S.B. Khobragade, counsel for the petitioner. Mrs.N.R. Tripathi, A.P.P. for the R-1 to 3.

CORAM : SMT. VASANTI A NAIK AND M.G. GIRATKAR, JJ.

DATE : SEPTEMBER 19 , 2017.

By this criminal writ petition, the petitioner seeks a direction against the respondents to release the petitioner by giving the benefit of the government resolution relating to the premature release of the prisoners that are sentenced to suffer life imprisonment.

Ms Khobragade, the learned counsel for the petitioner, states that the petitioner has completed nearly twenty years of sentence of imprisonment but, the respondents have not decided as to when the petitioner would be released and set at liberty by categorizing him in terms of the government resolution.

Mrs. Tripathi, the learned Additional Public Prosecutor appearing for the respondents, states that the release of the petitioner is recommended after twenty two years of imprisonment including the remission period. It is submitted that the petitioner has undergone only nineteen years and a few months of sentence of imprisonment and the petitioner could be released after he undergoes twenty two years of sentence including remission period.

WP690-17 The grievance of the petitioner stands redressed in view of the statement made by the learned Additional Public Prosecutor. Hence, by accepting the statement made by the learned Additional Public Prosecutor, which would be binding on the respondents, we dispose of the criminal writ petition. Order accordingly.

JUDGE JUDGE APTE