SHALIK KRISHNAJI SHENDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In all the above-referred Writ Petitions, a prayer seeking compensation for delay in releasing petitioners who were convicted for the serious offence of murder affecting the human body, is made. Mr. K.V. Bhoskar, h/for Mr. M.V. Deshpande, learned counsel for the petitioners in all the petitions contended that petitioners/convicts are entitled for compensation from the State since they were released late by a few months and in one case by one year and nine months.

(2.) We have perused the entire record. We have also perused the judgment of this Court relied on by the learned counsel for the petitioners in Criminal Writ Petition No. 310/2004 (Bandu Prabhakar Shnde vs. State) with Petitions. Looking to the facts of the present cases, we find that all the petitioners were convicted in these cases for serious offence of murder affecting the human body. The Jail authorities took all possible care of the inmates/petitioners - medical as well as physical. Thus, the State had already spent substantial amounts on the prisoners/petitioners. At any rate, according to us, the delay in releasing the petitioners is not on a higher side. There is an explanation tendered by Mr. A.M. Zanzane, Under Secretary, Home Department, Government of Maharashtra, which we are inclined to accept. In that view of the matter, we do not find that we should make any order for award of compensation for some delay in releasing the petitioners. That being so, we make the following order: