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Bombay High CourtWP/3369/2024disposed off

Ananda S/O Laxman Chopade v. State Of Maharashtra And ORS.

2024-08-23Hon'Ble Smt. Justice Bharati Dangre , Hon'Ble Justice Smt Manjusha Ajay Deshpande3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3369 OF 2024 Ananda S/o Laxman Chopade ..

Petitioner

Versus

State Of Maharashtra And Ors.

..

Respondents ...

Mr. Rupesh Jaiswal a/w Ms. Anjali Raut, for the Petitioner. Mr. D. J. Haldankar, A.P.P. for the State/Respondent. Mr. B. M. Tadavi, Jailor (Gr-II), Kolhapur Central Prison, is present.

...

CORAM : BHARATI DANGRE & MANJUSHA DESHPANDE, JJ.

DATED : 23rd AUGUST, 2024 P.C:- 1.

The Petition filed by the convict Ananda Laxman Chopade, seek the following reliefs :

"B] By appropriate Writ, direction or orders of like nature to direct the Respondents to give to petitioner remission of 2 years on eve of the Golden Jubilee of India's Independence as per G.R. dated 06.8.1997 and or, C] By appropriate Writ, direction or orders of like

2/3 11-Wp-3369-2024.doc nature to direct the Respondents to give to petitioner remission of 3 months on eve of 125th Birth Anniversary of Dr. Babasaheb Ambedkar as per G.R.dated 03.6.2017, and, or, D] By appropriate Writ, direction or orders of like nature to direct the Respondent no.1 to decide the premature release Application of the Petitioner as per the G.R. dated 02.08.2004, within time frame, and, or to"

2.

The learned A.P.P. Mr. Haldankar make a categorical statement that both the prayers 'B' and 'C' have been considered by the State Government and he has been given remission of 2 years and 3 months, which is reflected in his writing (Likhan) as convict No.1122. By computing this period, the total sentence undergone by him including the period of remission, as on date is 18 years 05 months and 09 days.

In the wake of this, as far as prayer clauses 'B' and 'C' are concerned the Petitioner has already secured the benefit.

4.

As far as prayer clause 'D' is concerned, learned A.P.P. make a specific statement that a recommendation is received to categorize the Petitioner/convict in category 4(B) of the 2010 Guidelines and since this recommendation is forwarded to the State Government, the decision to that effect shall be taken at the earliest and in no case later than eight

3/3 11-Wp-3369-2024.doc weeks from today.

5.

In the wake of the aforesaid order, the Criminal Writ Petition stand disposed off.

(MANJUSHA DESHPANDE, J.) (BHARATI DANGRE, J.) Digitally signed by CHAITANYA ASHOK JADHAV Date:

2024.08.27 14:19:44 +0530 CHAITANYA ASHOK JADHAV