Mohd. Zuber @ Tabrej @ Jugnu Kasan Shaikh v. The State Of Maharashtra Thr Principal Secretary Home Mantralaya Mumbai

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO. 879 OF 2025 Mohd. Zuber @ Tabrej @ Jugnu Kasan Shaikh

Versus

The State of Maharashtra through Principal Secretary, Home Department, Mumbai Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri N.N.Gorankar, Advocate h/f Shri A.B.Wani, Advocate for the petitioner.

Ms. N.R.Tripathi, APP for the respondent/State. CORAM :

ANIL L. PANSARE & NIVEDITA P. MEHTA, JJ.

DATED : 6th JANUARY, 2026.

Heard.

2.

Learned counsel for the petitioner submits that the petitioner has been convicted in the year 2000 for the offence punishable under the provisions of Indian Penal Code and Maharashtra Control of Organised Crime Act. He further submits that the respondents have processed the petitioner's case of remission in terms of Government Resolution (G.R.) dated 15.03.2010. He has invited our attention to the first paragraph of the G.R. which states that the guidelines issued thereunder will be applicable to the prisoners who are convicted on or after the date of issuance of the G.R. Accordingly, he submits and in our view rightly so, that these guidelines will be not applicable to the petitioner's case, he having been convicted prior to coming into force aforesaid resolution. 3.

Leave to add Additional Secretary, Home Department, Mumbai who has passed impugned order, is granted. Amendment shall be carried out forthwith.

SKNair

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Issue notice to the newly added respondent, 5.

Learned Additional Public Prosecutor waives service on behalf of the respondent no.3.

6.

We call upon respondent no.3 to explain as to how the case of petitioner processed in terms of G.R. dated 15.03.2010 and not in terms of G.R. dated 11.05.1992.

7.

List the matter on 21.01.2026.

[JUDGE] [JUDGE] Signed by: Mr. S.K. NAIR Designation: PS To Honourable Judge Date: 07/01/2026 18:04:05 SKNair