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Bombay High CourtWP/169/2025allowed

Swapnil Mahadeo Somkuwar v. State Of Maharashtra Through Its Secreatary Home Mantrlay Department Mumbai And ANR

2025-04-01Hon'Ble Shri Justice Nitin W. Sambre , Hon'Ble Mrs. Justice Vrushali V. Joshi1 pages

2025:BHC-NAG:3305-DB wp169.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO.169/2025 (Swapnil S/o Mahadeo Somkuwar Vs. State of Maharashtra and another) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -------------------- - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------------------------------ - - - - - - - - - - - - - - - - Mr. R.L. Kadu, Advocate for the petitioner.

Mr. H.D. Marathe, A.P.P. for respondent Nos.1 and 2. CORAM: NITIN W. SAMBRE & MRS.VRUSHALI V. JOSHI, JJ. DATED: 1.4.2025.

Heard.

2.

The petitioner, a life convict, has sought extension of the benefit of remission as provided under Government Resolution dated 3.6.2017. 3.

The report of the convicting Court is called which is adverse to the interest of the petitioner. However, if we peruse Government Resolution dated 3.6.2017 the considerations reflected therein does not call for the rejection of the prayer of the petitioner viz. non-grant of the remission of three months, to which he is otherwise entitled. The issue is squarely covered by the Division Bench judgment of this Court in the case of Chottu Ratanlal Punekar V/s. State of Maharashtra reported in 2008 ALL MR (Cri) 2219 which is also followed by this Court in Criminal Writ Petition No.15/2024 (Imran Yousuf Sheikh V/s. State of Maharashtra and another) decided on 21.11.2024. That being so, we deem it appropriate to allow the present petition. We grant remission of three months to the petitioner in terms of Government Resolution dated 3.6.2017. The Jail Authorities to take note and act accordingly.

(MRS.VRUSHALI V.JOSHI, J.) (NITIN W. SAMBRE, J.) Tambaskar.

Signed by: MR. N.V. TAMBASKAR Designation: PA To Honourable Judge Date: 01/04/2025 18:40:47