LAWS(BOM)-2020-11-107

BHIMA Vs. STATE OF MAHARASHTRA

Decided On November 03, 2020
BHIMA Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) The petition is filed for relief of compensation in respect of the period of four years four months and ten days for which the petitioner was allegedly detained in jail illegally. Though there are other contentions like wrongful refusal of death parole etc., during the arguments the learned counsel for petitioner pressed for compensation on only the aforesaid ground, so-called illegal detention.

(2.) Both the sides are heard.

(3.) It is the case of the petitioner that he ought to have been kept in open prison for the period 9th March, 2008 to 2nd January, 23013 and as per the Rules of remissions made for open prison, he ought to have been granted remission of five years and seven days in respect of that period. It is contended that for about the period of four years and nine months, he was illegally kept in closed prison and so that period cannot be treated as the period during which imprisonment was suffered in closed prison. It is contended that in view of the decision of this Court given in Criminal Writ Petition No.389 of 2012, it needs to be presumed that for the aforesaid period, the petitioner was kept in open prison. Thus, only one point raised in respect of the aforesaid period needs to be decided in the present proceeding.