PRADEEP Vs. THE STATE OF MAHARASHTRA AND ORS.

JUDGEMENT

(1.) Heard. Rule. Rule made returnable forthwith with the consent of the Counsel for the parties.

(2.) By this Petition under Article 227 of the Constitution, the petitioner is challenging the order dated 27.08.2008 passed by the District & Sessions Judge, Aurangabad, in exercise of powers of appraisal, whereby directed to forfeit the period of remission earned by petitioner in the ratio of 1:5 (i.e. 25 days for the period of overstay of 5 days).

(3.) The petitioner was convicted by the Judgment and order dated 31.01.1997 in Sessions Case No. 25/1996 for the offences punishable under Section 302, 450, 201 of I.P. Code, which was confirmed in Criminal Appeal No. 74/1997. Petitioner applied for furlough leave, and accordingly, his prayer was granted. He was released on furlough leave for 14 days on 07.11.2007. It is the case of the petitioner that, due to illness of his wife, he wanted extension of furlough leave for further two weeks and accordingly he applied for extension of leave and same was granted. It is further case of the petitioner that, even in extended period of furlough leave, his wife could not recover from the ailment. Therefore, he was required to stay for further 5 days and such there was delay of 5 days in reporting back to the prison. Respondent No. 2 by applying the guidelines in force proposed to forfeit period of remission in the ratio of 1:1 i.e. 5 days for his unauthorized stay beyond prison for 5 days, deducted 5 days from remission.