JAKIR SK BABU Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this petition, the petitioner-prisoner seeks to quash and set aside notice dated 4.4.2006 and consequent order dated 19.4.2006 passed by respondent no.2 .

(2.) Facts in short are that the petitioner, amongst other, was convicted mainly for the offence punishable under Section 302 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for life by the Additional sessions Judge, Akola vide judgment and order dated 22.7.1993. Petitioner was released on parole for seven days on 29.7.1995 and he was supposed to surrender on 6.8.1995. However, petitioner actually surrendered on 13.2.1996 and thus, he was late by 190 days in surrendering. Respondent no. 2 had imposed punishment by cutting remission by two days for one day of late surrendering (190 x 2 = 380). Being aggrieved by that order, petitioner had approached this Court via Criminal Writ Petition No. 652 of 2005. This Court by order dated 14.2.2006 set aside the order of punishment and referred the matter to the respondent no. 2 for taking up action in accordance with law since it was found that no show cause notice was issued to the petitioner and no reply was sought from him.

(3.) After remand of the matter, respondent no.2 issued showcause notice dated 4.4.2006 to which petitioner submitted reply dated 6.4.2006. Respondent no. 2 passed the order dated 19.4.2006 which, according to the petitioner, imposes punishment of deduction of 380 days' remission for overstay of 190 days. Order issued by respondent no.2 is assailed on the ground that it is violative of relevant Act and Rules and it does not take into consideration the reply dated 6.4.2006 submitted by the petitioner. In the alternative, it is submitted that the impugned punishment is excessive and arbitrary.