VITTHAL RAYAJI GADEKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule, made returnable forthwith. Heard finally by consent of the learned counsels appearing for the parties.

(2.) The claim for grant of remission in the sentence imposed for the offences punishable under Sections 498A and 306 of the Indian Penal Code on the basis of the Government Resolution dated 3-6-2017, laying down the policy of granting remission on account of the 125th Birth Anniversary of Late Shri Dr. Babasaheb Ambedkar, has been rejected on the ground that the concerned Additional Sessions Judge has on 5-3-2018 opined in exercise of his power conferred by Section 432(2) of the Code of Criminal Procedure to reject the claim. This is the subjectmatter of challenge in the present criminal writ petition.

(3.) The only reason assigned in the opinion dated 5-3-2018 is that the offence is of abetment of suicide and, therefore, the convict does not deserve any remission of sentence as per the Government Resolution. It is not the opinion or the case of the respondents that the petitionerprisoner does not qualify for such remission in terms of the Government Resolution. The stand of the respondents is that because of the opinion expressed by the learned Additional Sessions Judge, the claim for grant of remission is rejected.