Case Note & Summary
The petitioner, Shekh Rafiq s/o Sheikh Nabi, a convict undergoing sentence in Central Prison, Amravati, filed a Criminal Writ Petition seeking remission of 90 days as per Government Resolution dated 3.6.2017. He was convicted by the Sessions Judge, Amravati on 5.8.2014 for offences under Sections 395, 397 read with 34 of the Indian Penal Code and Section 3 of the Maharashtra Control of Organised Crime Act, 1999 (MCOCA). The petitioner's counsel argued that this Court had earlier allowed a similar petition (Criminal Writ Petition No.528 of 2018) filed by Shankar Ramchandra Uike, directing remission as per the same Government Resolution. The court examined the Government Resolution dated 3.6.2017 and noted that it grants remission to convicts except those falling under six categories of exceptions. The court observed that the petitioner, being convicted under MCOCA, falls within the exceptions. The learned APP opposed the petition, submitting that the petitioner is not entitled to remission as he is convicted under MCOCA. The court, after considering the submissions and the Government Resolution, held that the petitioner is not entitled to remission as he is covered under the exceptions. The petition was dismissed. Rule discharged.
Headnote
A) Criminal Law - Remission - Government Resolution - Entitlement - The petitioner, a convict under Sections 395, 397 r/w 34 IPC and Section 3 of the Maharashtra Control of Organised Crime Act, 1999, sought remission of 90 days as per Government Resolution dated 3.6.2017. The court examined the exceptions in the Government Resolution and found that the petitioner falls within the excluded categories. Held that the petitioner is not entitled to remission as he is covered under the exceptions mentioned in the Government Resolution (Paras 1-5).
Issue of Consideration
Whether the petitioner, convicted under Sections 395, 397 r/w 34 IPC and Section 3 of the Maharashtra Control of Organised Crime Act, 1999, is entitled to remission of 90 days as per Government Resolution dated 3.6.2017.
Final Decision
The petition is dismissed. Rule discharged.
Law Points
- Remission
- Government Resolution
- Exceptions
- MCOCA
- Convict
- Entitlement
Case Details
2020 LawText (BOM) (10) 93
Criminal Writ Petition No.712 of 2019
M.G. Giratkar, Vinay Joshi
Mr. N.H. Samundre (appointed) for the Appellant, Mrs. Shamsi Haider, A.P.P. for respondent nos. 1 and 2/State
Shekh Rafiq s/o. Sheikh Nabi
State of Maharashtra, Superintendent of Prison, Central Prison, Amravati
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Nature of Litigation
Criminal Writ Petition seeking remission of sentence.
Remedy Sought
Petitioner sought remission of 90 days as per Government Resolution dated 3.6.2017.
Filing Reason
Petitioner, a convict under MCOCA, claimed entitlement to remission under Government Resolution dated 3.6.2017.
Previous Decisions
This Court had allowed Criminal Writ Petition No.528 of 2018 filed by Shankar Ramchandra Uike, directing remission as per the same Government Resolution.
Issues
Whether the petitioner is entitled to remission of 90 days as per Government Resolution dated 3.6.2017.
Submissions/Arguments
Petitioner's counsel submitted that this Court had allowed a similar petition (Criminal Writ Petition No.528 of 2018) and directed remission. Learned APP opposed, stating that the petitioner is convicted under MCOCA and falls within the exceptions of the Government Resolution.
Ratio Decidendi
The Government Resolution dated 3.6.2017 grants remission to convicts except those falling under six categories of exceptions. The petitioner, being convicted under Section 3 of the Maharashtra Control of Organised Crime Act, 1999, falls within the exceptions and is therefore not entitled to remission.
Judgment Excerpts
The Government of Maharashtra has issued said Government Resolution and has granted remission to the convicts except the categories mentioned in the Government Resolution.
From the conditions mentioned in the said Government Resolution dt.3.6.2017, it appears that only those convicts are entitled for the benefit of remission who are not covered under six exceptions given in the Government Resolution.
Procedural History
The petitioner was convicted by the Sessions Judge, Amravati on 5.8.2014. He filed Criminal Writ Petition No.712 of 2019 before the Bombay High Court, Nagpur Bench, seeking remission of 90 days as per Government Resolution dated 3.6.2017. The petition was heard and dismissed on 5.10.2020.
Acts & Sections
- Indian Penal Code, 1860: 395, 397, 34
- Maharashtra Control of Organised Crime Act, 1999: 3
