SATISH DADA LONDHE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The question in the petition under Article 226 of the Constitution of India which arises before us for consideration is whether the petitioner is entitled for remission under the Government Circular dated 3rd June 2017 as amended by the Government Circular dated 19th November 2018.

(2.) The Government Circular dated 3rd June 2017 is an Order issued in exercise of powers under sub-section (1) of Section 432 of the Code of Criminal Procedure, 1973 (for short "Cr. P.C"). It provides for granting remission to the prisoners who are in jail for more than five years or for a longer period. The said Circular provides for granting remission for a period of three months. There are six categories of prisoners who are excluded from the benefits under the said Circular. Further provision of the said Circular is that the judicial appraisal of the prisoners should be sought on the question whether they are entitled to remission.

(3.) In the present case, there is an Order of judicial appraisal dated 25th January 2018 by the learned Additional Sessions Judge, Vaduj in which it is mentioned that an appeal preferred by the petitioner against the Order of conviction has been dismissed by this Court and considering the nature and the gravity of offence, the petitioner is not entitled to remission. Accordingly, remission has been denied to the petitioner. The opposition of the learned APP to this petition is on the ground that in view of the Order of judicial appraisal, the benefit of remission under the Circular dated 3rd June 2017 has been rightly denied to the petitioner.