SHAFI VAZRUDDIN QURESHI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Heard by consent. Perused affidavits on record.

(2.) The Petitioner was prosecuted pursuant to the FIR no. 355 of 1990 reported at Wanwadi police station in a sessions trial no 44 of 1991 tried by the Sessions Court Pune, and on 30-06-1994 convicted of offence punishable under Section 302 read with Section 149 and 307 of the Indian Penal Code. And sentenced inter alia to suffer rigorous imprisonment for life. The Petitioner is undergoing sentence in Yerwada Central Prison, Pune.

(3.) In August September 1996 , the Petitioner was released on furlough leave for a period of two weeks on 05-08-1996. His leave was extended by seven days . He surrendered late in Prison by 15 days and was punished by reducing 45 days (3 x 15) with ratio1:3 days from the remission earned by him. The reason for late surrender was that Mother of the Petitioner had a heart problem and in August 1996, she was hospitalized in Sassoon Hospital, Pune. In December 1996, the Petitioner was released on Parole and returned 460 days late on 30-06-1998 for which he was punished for five years. At that time, the Petitioner was required to perform marriages of his two sisters. Approval was not obtained from the Sessions Judge for the Prison punishment. The Petitioner was transferred to Kolhapur central Prison, Kalamba, Kolhapur for some time. In 2003-2004, the Petitioner was released on furlough leave on 27-11-2003. He had returned late by 14 days on 14-02-2004 for which 56 days were reduced (14x4) from the remission earned by him. At that time, Father of the Petitioner was seriously ill and the Petitioner being elder son had to look after and take care of his Father. In 2004-2006, when the Petitioner was released on furlough leave, his remission was reduced by 3315 days as he had returned late by 663 days (5 X 663). This time his father had passed away and the Petitioner had to take care of his Mother during her iddat period. She was treated for her illness at the home. The Petitioner himself got married and a Son was born to him.