NANDKUMAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard finally with consent of the learned counsel for the parties.

(2.) By way of this writ petition, the petitioner is challenging the order dated 13.09.2004 passed by Additional Sessions Judge, Aurangabad, thereby removing name of the petitioner from remission register permanently and also the order dated 28.06.2017 passed by Deputy Inspector General (Prison), Aurangabad/respondent no.2 herein, thereby rejecting the application of the petitioner for taking his name back in the remission register.

(3.) Brief facts, giving rise to the present petition are as under: The petitioner is convicted by the Additional Sessions Judge, Beed in Sessions Case No. 75 of 1997 by order dated 22.12.1999 for the offence punishable under Section 302 of IPC and sentenced to suffer life imprisonment. Petitioner was arrested on 9.9.1996 and was an under trial prisoner for approximately three months. Petitioner was released on furlough on 12.8.2002. He was due to surrender within 28 days but he surrendered on 26.12.2003 i.e. late by 486 days. Respondent no.1 issued a show cause notice to petitioner and petitioner replied to it by stating that his mother was in need of operation. He also produced medical papers to substantiate the same. After receiving reply, respondent no.1 forwarded a proposal for punishment of removal of petitioner's name from Remission Register permanently for appraisal of District and Sessions Court, Aurangabad. After receiving judicial appraisal from concerned Sessions Judge, respondent no.2 removed petitioner's name from remission register permanently. Thereafter petitioner gave an application to respondent no.2 to take his name back on remission register considering his good conduct in jail, but respondent no.2 rejected his application by order dated 28.06.2017. Hence, this writ petition.