Case Note & Summary
The petitioner, a convict, had been granted parole for 30 days by the High Court on the ground of illness of his sister. He was released on 25.4.2016, and the parole was later extended. However, the Court on 20.6.2016 directed him to surrender by 24.6.2016, but he surrendered on 27.6.2016, resulting in a delay of three days. The prison authorities imposed a punishment of cutting remission of five days for each day of overstay, totaling fifteen days. The petitioner challenged this in Criminal Writ Petition No. 4653 of 2017, and the High Court reduced the punishment to cutting remission of one day for each day of overstay. Before that reduction, the prison authorities had sent a proposal to the Sessions Court for ratification, and the Sessions Court by order dated 6.12.2017 did not ratify the punishment of cutting remission of five days per day. Subsequently, the petitioner filed the present writ petition seeking to set aside even the reduced punishment. The Court, considering the peculiar facts and the Sessions Court's order of non-ratification, set aside the entire punishment. The Court held that in the circumstances, the punishment could not be sustained. The petition was allowed and rule made absolute. This case highlights that non-ratification by the Sessions Court of a prison punishment for parole overstay can be a ground to quash the punishment, especially when the High Court had earlier reduced it.
Headnote
A) Prison Law - Parole Overstay - Remission Cut - Not mentioned - The petitioner overstayed his parole by three days after the High Court directed surrender. The prison authorities imposed a remission cut of five days per day overstay, later reduced to one day per day by the High Court. The Sessions Court subsequently did not ratify the original punishment. The High Court set aside the entire punishment, holding that in light of the non-ratification and the peculiar facts and circumstances, the remission cut could not be sustained. (Paras 1-5)
Issue of Consideration
Whether the punishment of cutting remission for overstay of parole should be set aside where the Sessions Court did not ratify the punishment?
Final Decision
The punishment imposed on the petitioner for overstay of 3 days in the month of June, 2016, is set aside. Rule made absolute. Petition disposed of.
Law Points
- Non-ratification of prison punishment by Sessions Court can be ground to set aside punishment
- Peculiar facts and circumstances considered in reducing prison punishment
- Parole overstay leads to remission cut but may be set aside if punishment not ratified
Case Details
2018 LawText (BOM) (05) 40
Criminal Writ Petition No. 1922 of 2018
Smt. V.K. Tahilramani, Acting Chief Justice, M.S. Sonak, J.
Mrs. Harjeet Kaur Bhagwant Singh for Petitioner, Mrs. G.P. Mulekar for State
The State of Maharashtra & Ors.
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Nature of Litigation
Criminal writ petition challenging prison punishment of remission cut for overstay of parole
Remedy Sought
Petitioner seeks to set aside the punishment of cutting remission of one day per day of overstay imposed for delay in surrendering after parole
Filing Reason
The punishment was imposed due to delay of 3 days in reporting back to prison after parole, and the Sessions Court did not ratify the punishment
Previous Decisions
Earlier Criminal Writ Petition No. 4653 of 2017 resulted in reduction of punishment from 5 days to 1 day per day; however, the Sessions Court subsequently refused to ratify the original 5-day punishment
Issues
Whether the prison punishment of cutting remission for overstay of parole should be set aside given the Sessions Court's order of non-ratification?
Ratio Decidendi
Where the Sessions Court does not ratify a prison punishment, the High Court may set aside the punishment entirely, considering the peculiar facts and circumstances of the case.
Judgment Excerpts
Thus, there was delay of 3 days in reporting back to the prison.
On account of the delay of 3 days in reporting back to the prison, remission of 5 days was cut for each day of overstay i.e. for 3 days of overstay, 15 days of remission was cut.
This Court by order dated 5.12.2017 after hearing both sides and looking into the facts and circumstances of the case, reduced the prison punishment to cutting of remission of one day for each day of overstay.
Sessions Court by order dated 6.12.2017 did not ratify the prison punishment of cutting of remission of 5 days for each day of overstay.
the punishment imposed on the petitioner for overstay of 3 days in the month of June, 2016, is set aside.
Procedural History
The petitioner applied for parole on grounds of sister's illness; the application was rejected by the authorities and the appeal was dismissed. The High Court by order dated 31.3.2016 granted 30 days parole. The petitioner was released on 25.4.2016. Parole was extended on 30.5.2016. On 20.6.2016, the Court directed the petitioner to surrender by 24.6.2016, but he surrendered on 27.6.2016, resulting in 3 days delay. The prison authorities cut remission of 5 days per day for the overstay, totaling 15 days. The petitioner filed Criminal Writ Petition No. 4653 of 2017, and the High Court by order dated 5.12.2017 reduced the punishment to 1 day per day. Meanwhile, the prison authorities had sent a proposal to the Sessions Court which by order dated 6.12.2017 did not ratify the original punishment. The present writ petition was then filed seeking to set aside even the reduced punishment.
