PRATAP SINGH CHARANSINGH NEHANG Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule returnable forthwith. With the consent of the learned Counsel for the parties taken up for final hearing. Perused.

(2.) The petitioner/convict namely Pratapsingh Charansingh Nehang has sent a letter from jail contending that he has completed his sentence of 24 years including the set off and remissions and, therefore, he be released from the jail forthwith. The said letter was treated as writ petition and Shri J.R. Shah, Advocate was appointed as amicus curiae for the petitioner.

(3.) It is the contention of the petitioner that earlier he had sent a letter seeking his premature release from the jail and same was treated as Criminal Writ Petition No. 248 of 2009, which came to be dismissed by this Court vide order passed on 30.3.2009. It is the contention of the petitioner that while dismissing the said petition, it was observed by this Court that, "from the account given by the prison authorities, prisoner has actually undergone 14 years 10 months and 13 days imprisonment as on 20.2.2009. He has earned remissions of 8 years 7 months and 21 days. Thus, out of 24 years the petitioner has completed his sentence of 23 years 6 months and 4 days." Hence, the said petition came to be dismissed, since the petitioner had not completed full 24 years imprisonment including remissions and set off on the date of passing of the order dated 30.3.2009.