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Shekh Rafiq v/s State of Maharashtra, through it's Secretary, Home Department, Mantralaya, Mumbai-32 & Another

Company & Directors' Information:- MAHARASHTRA CORPORATION LIMITED [Active] CIN = L71100MH1982PLC028750

Company & Directors' Information:- AT HOME INDIA PRIVATE LIMITED [Active] CIN = U17211DL2001PTC112255

Company & Directors' Information:- V HOME PRIVATE LIMITED [Active] CIN = U74899DL2001PTC109331

Company & Directors' Information:- G. P. HOME PRIVATE LIMITED [Under Process of Striking Off] CIN = U70102MH2011PTC213056

    Criminal Writ Petition No. 712 of 2019

    Decided On, 05 October 2020

    At, In the High Court of Bombay at Nagpur


    For the Appellant: N.H. Samundre, Advocate (Appointed). For the Respondents: R1 & R2, Shamsi Haider, A.P.P.

Judgment Text

Oral Judgment:(M.G. Giratkar, J.)1. Rule made returnable forthwith. Heard finally with the consent of learned Counsel for the parties.2. By this petition, the petitioner has applied for grant of remission of 90 days as per Government Resolution dated 3.6.2017. The petitioner is convicted by the Sessions Judge, Amravati vide Judgment and Order dated 5.8.2014 for the offences punishable under Sections 395, 397 r/w. 34 of the Indian Penal Code and Section 3 of the Maharashtra Control of Organised Crime Act, 1999. The petitioner is undergoing sentence.3. Learned Counsel for the petitioner has submitted that this Court has allowed Criminal Writ Petition No.528 of 2018 on dated 31.10.2018 filed by petitioner therein namely Shankar Ramchandra Uike and directed the Authorities to grant remission to the said petitioner as per Government Resolution dated 3.6.2017. We have gone through the Government Resolution. The Government of Maharashtra has issued said Government Resolution and has granted remission to the convicts except the categories mentioned in the Government Resolution. From the conditions mentioned in the said Government Resolution dt.3.6.2017, it appears that only those convicts are entitled for the benefit of remission who are not covered under six exceptions given in the Government Resolution.4. Learned Additional Public Prosecutor is unable to point out that, as per conditions mentioned in the Government Resolution, the petitioner is not entitled for grant of remission. After careful reading of the Government Resolution, we have come to the conclusion that the petitioner is entitled for remission of sentence of 90 days. Hence, we allow the petition and direct the Competent Authority to grant remission of sentence of 90 days to the

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petitioner as per Government Resolution dated 3.6.2017.5. Rule is made absolute in the above terms.6. Fees of Mr.N.H.Samundre, learned Counsel (appointed) for the petitioner be paid as per Rules.