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Hiraman Dagdu Murkute vs The State Of Maharashtra on 16 January, 2020

1-WP-3485.2018.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

WRIT PETITION NO. 3485 OF 2018

Hirman Dagdu Murkute … Petitioner

Versus

The State of Maharashtra … Respondent

None for the petitioner.

Smt. Aruna Pai, APP for the respondent State.

CORAM : B.P. DHARMADHIKARI
NITIN R. BORKAR, JJ.

DATE : JANUARY 16, 2020

P.C.:

Matter has been received through prison. Learned counsel

(appointed) is reported to be no more. However, learned APP

has assisted the court.

2. As per nominal role, petitioner/prisoner has already put in

about 14 years 3 months and 16 days of actual imprisonment

and 22 years, 4 months and 6 days with remission on 30/6/2018.

Thus as of now, he may have completed about 24 years with

remission.

3. The categorization carried out by the Authority shows that

he has been placed in 26 years category and nominal role

received by this court under the signature of the Superintendent,

nilegaonkar 1/3

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1-WP-3485.2018.odt

Yerawada Open Prison shows 23rd February, 2020 is the possible

date of release.

4. The Prisoner is claiming remission of 3 months as per the

remission scheme floated on 3/6/2017 on the eve of 125 th birth

anniversary of Dr. Babasaheb Ambedkar. This remission is not

recommended by the convicting court as it found that the

prisoner has committed offence under section 302 read with

498A IPC and murdered his wife in a very cruel manner. This

communication dated 28/6/2017 is prior to the clarification by

the State Government which shows that in the offence under

section 498A or 302 IPC, the remission as per scheme can be

allowed.

5. Prima facie, at this stage, it appears that if this remission is

granted, the prisoner may have overstayed in the prison. The

letter sent by the Superintendent mentioned supra shows that

the remission of three months should have been given to the

prisoner but because of the opinion of the recommending court,

it has not been implemented.

6. In this situation, we direct the Superintendent to extend him

that benefit and work out his date of release accordingly. If he

has already overstayed, he shall be released forthwith. This

exercise be completed within a period of four weeks from today.

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1-WP-3485.2018.odt

7. Registry to communicate this order to Superintendent of the

concerned Jail and also copy be served on the prisoner in Jail.

8. Writ petition is accordingly disposed of.

(NITIN R. BORKAR, J.) (B.P. DHARMADHIKARI, J.)

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