JAGANNATH RAGHUNATH SHELKE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) On 15th April 1996, the Petitioner was convicted for committing an offence punishable under Section 302 of the Indian Penal Code and was sentenced to suffer imprisonment for life. On 10th September 1997, the Petitioner was released on parole. Initial period of 30 days of parole was extended by a further period of 30 days upto 9 th November 1997.

(2.) The Petitioner did not surrender and was arrested and brought to jail on 28th June 1999. On 2nd February 2000, the jail authorities penalized the Petitioner by directing that his name should be removed from the remission system for a period of 10 years. We must note here that though the said order has been challenged in this Petition, in terms of prayer clause (a) of the petition, in view of filing of a separate Petition earlier for the same relief which was dismissed for nonprosecution, in light of the order dated 18th November 2013 passed by this Court, the said prayer cannot be considered in this Petition.

(3.) The case made out in the Petition is that the Petitioner was released on furlough leave on six different occasions. On five such occasions, the furlough leave was extended by a period of 14 days. Only in case of the furlough leave granted from 18th September 2012 to 17th October 2012, the extended period of 14 days furlough leave was counted as a remission of sentence on the basis of amended Rule 16 of the Prisons (Bombay Furlough and Parole ) Rules, 1959 ( for short "the said Rules") which was brought on the Rule book from 23rd April 2012. The only prayer which survives for consideration is the prayer clause (b) which seeks a direction that in case of earlier furlough granted to the Petitioner, the extended period of 14 days should be counted as a remission of sentence.