VISHNU TEJRAM BISEN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule returnable forthwith. Taken up for final hearing by consent of both the parties.

(2.) Heard Mr. N. S. Bhat, the learned counsel for the petitioner and Mr. Kankale, the learned APP for the respondents/state.

(3.) Petitioner's case in brief is as under :-The petitioner is the prisoner, who is undergoing sentence of imprisonment for life awarded by Sessions Court, Gondia, for the offence punishable under section 302 of Indian Penal Code. The petitioner was released on Parole for a period of 30 days. He did not surrender within time but applied for extension of parole. No intimation was sent to the petitioner as to what had happened to his application. The petitioner, after waiting for some time, on his own surrendered on 18th October, 1997. As he surrendered late by 30 days the Superintendent of prison held enquiry and imposed punishment of 5 days remission cut for each day's absence. The Superintendent of Prison has imposed cut of 150 days in the remission earned by the petitioner and forwarded a proposal of cut in remission of 150 days to the Sessions Judge, Nagpur for approval and the said proposal was approved by the Sessions Judge, Nagpur as well as the Inspector General, maharashtra State, Pune. The petitioner has challenged the said order of punishment by this writ petition before this Court.