Durgesh Gopal Giri (In Jail) v. State Of Maharashtra, Through Superintendent, Central Jail, Nagpur

wp770.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CRIMINAL WRIT PETITION NO.770 OF 2015 Durgesh Giri ..vs..

State of Mah., thr Superintendent Central Jail, Nagpur ....................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ....................................................................................................................................................... Shri Praveen Dahat, counsel for the petitioner (appointed). Mrs. Nandeeta Tripathi, Addl.P.P. for the State.

CORAM

: B.P. DHARMADHIKARI & V.M. DESHPANDE, JJ.

DATED : JANUARY 5, 2016.

Heard.

Reply shows that in view of categorization of the petitioner in 26 years category including remission cut of 65 days, he was due for release on 15.12.2015. In paragraph No.7, the respondents have pointed out that the petitioner was supposed to pay a fine of Rs.1,500/- as per order of his conviction and, in default, to undergo imprisonment for a period of six months. As fine amount has not been deposited, the date of actual release would be 15.6.2016.

Learned counsel appointed for the petitioner has pointed out that the petitioner has paid fine amount of Rs.1,500/- on 8.12.2015. The receipt, .....2/-

wp770.15 evidencing this, is produced by the respondents as part of their reply-affidavit.

In view of this, it is apparent that after payment the petitioner could not have been detained beyond 15.12.2015.

In view of receipt mentioned supra, we direct the respondents to forthwith release the petitioner, if he is not required any other matter. The writ petition is allowed and disposed of. Charges of learned counsel appointed for the petitioenr are fixed at Rs.1,500/-.

JUDGE JUDGE !! BRW !!

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