Case Note & Summary
The petitioner, Dyanoba @ Dnyanoba Gangadhar Munde, a convict in Central Prison, Aurangabad, filed a Criminal Writ Petition seeking a direction to the respondents (State of Maharashtra and prison authorities) to consider the penalty of deduction of remission for the period starting from 21.07.2011 instead of 02.11.2018. The petitioner argued that no remission was given from 02.07.2011. The Court noted that the approval of the Sessions Court was received on 17.06.2019, and as per procedure, the period is counted from the date of approval. However, the Court observed that if it is possible to count the period from an earlier date, the authority is expected to do so. The Court disposed of the writ petition with these observations.
Headnote
A) Prison Law - Remission - Deduction of Remission - Period of Deduction - The petitioner sought counting of remission deduction period from 21.07.2011 instead of 02.11.2018. The Court observed that as per procedure, the period is counted from the date of approval by the Sessions Court, which was received on 17.06.2019. However, the Court directed the authority to consider if the period can be counted from an earlier date as no remission was given from 02.07.2011. (Paras 2)
Issue of Consideration
Whether the period of deduction of remission should be counted from the date of the order or from the date of approval by the Sessions Court.
Final Decision
The Writ Petition is disposed of with observation that if it is possible to count the period from an earlier date, the authority is expected to do so.
Law Points
- Remission
- Deduction of remission
- Counting of period from date of approval
- Prisoner's right to fair consideration
Case Details
2019 LawText (BOM) (06) 43
Criminal Writ Petition No. 268 of 2019
T.V. Nalawade, K.K. Sonawane
Mrs. Bharati B. Gunjal (for petitioner), Mrs. V.N. Patil (Jadhav) (APP for respondent-State)
Dyanoba @ Dnyanoba Gangadhar Munde
The State of Maharashtra, The Deputy Inspector General/Inspector General of Central Prison, Aurangabad, The Superintendent of Central Prison, Aurangabad
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Nature of Litigation
Criminal Writ Petition seeking direction for reconsideration of period of deduction of remission.
Remedy Sought
Direction to respondents to consider the penalty of deduction of remission for the period starting from 21.07.2011 instead of 02.11.2018.
Filing Reason
Petitioner claimed that no remission was given from 02.07.2011 and sought counting of deduction period from an earlier date.
Previous Decisions
Approval of the Sessions Court was received on 17.06.2019.
Issues
Whether the period of deduction of remission should be counted from the date of the order or from the date of approval by the Sessions Court.
Submissions/Arguments
Petitioner argued that the period should be counted from 21.07.2011 as no remission was given from 02.07.2011.
Ratio Decidendi
As per procedure, the period of deduction of remission is counted from the date of approval by the Sessions Court. However, the authority may consider counting from an earlier date if circumstances permit.
Judgment Excerpts
If it can be done, then the authority is expected to do it.
Procedural History
The petitioner filed Criminal Writ Petition No. 268 of 2019 before the Bombay High Court, Aurangabad Bench. Rule was made returnable forthwith and heard by consent for final disposal.
