A SAYEEM A BASHIR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Shri Waranashiwar, learned counsel for the petitioner and Shri Mirza, APP for the respondent.

(2.) By the judgment and order dated 12.02.1998, the petitioner was convicted by the Sessions Court under Section 302 read with Section 34 of Indian Penal Code. The case of the petitioner is that he was arrested on 01.06.1996 and since then he is in custody. He states that on account of completing 50 years of independence, the State announced that two years State remission be given to all convicts who are in Prison on 15.08.1997.

(3.) The petitioner has prayed that he be given two years State remission as he was in prison on 15.08.1997. The learned APP pointed out that said State remission was only for the benefit of prisoners who had already been convicted and undergoing imprisonment on that date and State remission does not extend to the under trial prisoners. As the petitioner was an under trial prisoner on the said date, State remission benefit cannot be given to the petitioner.