SHEKH RAFIQ Vs. STATE OF MAHARASHTRA

JUDGEMENT

(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.