LAWS(BOM)-2008-3-63

SANJAY MADHUKAR KINI Vs. STATE OF MAHARASHTRA

Decided On March 14, 2008
SANJAY S/O MADHUKAR KINI Appellant
V/S
SUPERINTENDENT OF PRISON, OPEN JAIL Respondents

JUDGEMENT

(1.) Rule. Rule made returnable forthwith.

(2.) The petitioner, a convict undergoing sentence of life imprisonment, prays for a writ of mandamus or orders to quash and set aside the orders passed by the respondents - authorities forfeiting the period of remission on the ground of late surrender to the jail authorities beyond the sanctioned leave period of furlough and parole.

(3.) The petitioner contends that he was convicted for an offence punishable under Section 302 read with Section 34 of the Indian Penal Code by the Sessions Judge Thane and sentenced to suffer imprisonment for life. By an order dated 12th April 2006 the Government of Maharashtra, Home Department, directed release of the petitioner on completion of 24 years of imprisonment including all remissions, subject to the good conduct in the prison upto the time of release.