Umesh Anna Gauda v. The State Of Maharashtra

by RUPALI RAJESH WAKODIKAR Date:

2024.07.05 13:05:43 +0530 RUPALI RAJESH WAKODIKAR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 959 OF 2024 IN CRIMINAL WRIT PETITION NO. 2792 OF 2018 Umesh Anna Gauda ...Applicant

Versus

The State of Maharashtra & Anr.

...Respondents

Mr. Prashant Nayak, Appointed Advocate for the Applicant. Mr. S.S.Pednekar, A.P.P for the Respondent-State. CORAM : REVATI MOHITE DERE & SHYAM C. CHANDAK, JJ.

DATE : 3 rd JULY, 2024 P.C. :

1.

By this interim application, sent through jail, the applicant seeks a direction to the respondent to grant regular remission to him as applicable to open prisoners i.e. to the applicant from 2018. 1/3

2.

Learned APP, on instructions states that the applicant can approach the appropriate authority under the Prison Rules, seeking the said prayer.

3.

Considering that the applicant has an alternate remedy, the applicant will have to first approach the appropriate authority, in accordance with law, seeking the very same relief as sought for in the aforesaid application.

4.

Accordingly, we are not inclined to entertain this petition, since the petitioner has an alternate remedy. 5.

The application is accordingly disposed of with liberty to the applicant to approach the appropriate authority seeking the aforesaid relief.

6.

Registry to communicate the said order to the applicant - Umesh Anna Gauda, who is currently lodged in Morshi Open Prison, 2/3

Amraoti, so as to enable him to take further steps. It is also open for the Registry to communicate the said order to the applicant through V.C.

7.

All concerned to act on the authenticated copy of this order.

SHYAM C. CHANDAK, J.

REVATI MOHITE DERE, J.

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