Case Note & Summary
The petitioner, Shekh Rafiq s/o Sheikh Nabi, a convict undergoing sentence in Central Prison, Amravati, filed a Criminal Writ Petition before the Bombay High Court, Nagpur Bench, 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 punishable 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 argued that this Court had earlier allowed a similar petition (Criminal Writ Petition No.528 of 2018) filed by Shankar Ramchandra Uike, directing the authorities to grant remission under 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 mentioned therein. The court observed that the petitioner, being convicted under MCOCA, falls within one of the exceptions. Consequently, the court held that the petitioner is not entitled to the benefit of remission. The petition was dismissed. The court also noted that the earlier petition allowed by this Court was not applicable as the facts were different. The judgment was delivered by a division bench comprising M.G. Giratkar and Vinay Joshi, JJ., on 5.10.2020.
Headnote
A) Criminal Law - Remission - Government Resolution - Entitlement - The petitioner, a convict under Sections 395, 397 r/w 34 IPC and Section 3 of MCOCA, sought remission of 90 days under Government Resolution dated 3.6.2017. The court examined the exceptions in the Resolution and found that the petitioner falls within the exception for convicts under MCOCA. Held that the petitioner is not entitled to remission as he is covered by the exceptions. (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. The petitioner is not entitled to remission of 90 days as per Government Resolution dated 3.6.2017 as he is covered by the exceptions mentioned therein.
Law Points
- Remission
- Government Resolution
- MCOCA
- Convict
- Exception
Case Details
2020 LawText (BOM) (10) 105
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
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Criminal Writ Petition seeking remission of sentence
Remedy Sought
Petitioner sought grant of 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 allowed Criminal Writ Petition No.528 of 2018 filed by Shankar Ramchandra Uike directing grant of remission under the same Government Resolution
Issues
Whether the petitioner is entitled to remission of 90 days under Government Resolution dated 3.6.2017 despite being convicted under MCOCA?
Submissions/Arguments
Learned Counsel for the petitioner submitted that this Court allowed Criminal Writ Petition No.528 of 2018 filed by Shankar Ramchandra Uike and directed grant of remission under Government Resolution dated 3.6.2017.
Ratio Decidendi
The Government Resolution dated 3.6.2017 grants remission to convicts except those falling under six categories. The petitioner, being convicted under Section 3 of MCOCA, falls within one of the exceptions and is therefore not entitled to remission.
Judgment Excerpts
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.
The petitioner is convicted under Section 3 of the Maharashtra Control of Organised Crime Act, 1999. Therefore, the petitioner is covered under the exceptions mentioned in the Government Resolution. Hence, the petitioner is not entitled for remission.
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 under Government Resolution dated 3.6.2017. The petition was heard and dismissed on 5.10.2020.
Acts & Sections
- Indian Penal Code, 1860 (IPC): 395, 397, 34
- Maharashtra Control of Organised Crime Act, 1999 (MCOCA): 3
