Sachin @ Roshan Bhahuridas v. The Deputy Inspector General Of Prisons (East Zone) Nagpur And Another

2023:BHC-NAG:13277-DB 9 Cri.Wp-656-2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL WRIT PETITIO N NO.656 OF 2023 [Sachin @ Rohan Bhahuridas ..V/s.. The Deputy Inspector General of Prisons, (East Zone) Nagpur and Anr.] ___________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Mr T. Parmar, Advocate (Appointed) for Petitioner. Ms N. Tripathi, APP for Respondent Nos.1 and 2. CORAM : VINAY JOSHI AND VALMIKI SA MENEZES, JJ.

DATE : 1 st SEPTEMBER , 202 3 .

.

Heard.

2.

By this petition, under Articles 226 and 227 of the Constitution of India, the petitioner seeks quashing of order dated 02.05.2023 passed by the City Civil and Additional Sessions Judge, City Civil and Sessions Court, Dindoshi, Goregaon, Mumbai. He also seeks grant of remission of three months under the State remission scheme pursuant to Government Resolution dated 03.06.2017.

3.

It is submitted that the petitioner has moved an application to the Superintendent of Prison, Central Prison, Nagpur, who in turn forwarded the same to the City Civil and Additional Sessions Judge, Dindoshi, Goregaon, for his opinion in the matter. The said Additional Sessions Judge, Dindoshi, Goregaon, vide order dated 02.05.2023 rejected the application of the petitioner stating that the accused is not entitled to the said remission. This order is subject matter of present petition. It is petitioner's contention that the Superintendent of Prison, Nagpur, has yet not informed any decision taken by him in the TAMBE

9 Cri.Wp-656-2023 matter.

4.

In view of the above, we direct the respondent No.2 - Superintendent of Prison, Central Prison, Nagpur to take appropriate decision, if not already taken, within two weeks from the date of receipt of this order, in the matter in accordance with law and inform the same to the petitioner and file compliance report with the Registry of this Court. If compliance is not filed, the matter be placed on Board.

5.

The criminal writ petition stands disposed of accordingly. 6.

Fees of appointed Counsel be paid as per Rules. (VALMIKI SA MENEZES, J.) (VINAY JOSHI, J.) TAMBE