Bombay High Court
Dilip @ Kalya Kisan Wagh vs State Of Mah., Thr. Its Secretary Home ... on 13 January, 2020
Author: Madhav J. Jamdar
Bench: Sunil B. Shukre, Madhav J. Jamdar
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL WRIT PETITION NO. 746 OF 2019
Dilip @ Kalya Kisan Wagh,
(In Jail)
Aged 35 years, R/o. Surwadi Khurd,
Tahsil - Tivasa, District - Amravati.
(Prisoner No. C-4590 in Central Prison,
Amravati) .. PETITIONER
...Versus...
1. State of Maharashtra, Thr. Its Secretary,
Home Department, Mantralaya, Mumbai.
2. Superintendent of Jail,
Central Prison, Amravati. .. RESPONDENTS
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Shri Aarti Singh (Appointed), Advocate for the Petitioner.
Smt. N.R. Tripathi, APP for the Respondents
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CORAM : SUNIL B. SHUKRE &
MADHAV J. JAMDAR, JJ.
DATED : 13th January, 2020.
ORAL JUDGMENT :- (Per Madhav J. Jamdar, J.)
Heard. Rule. Rule made returnable forthwith. Heard finally by consent.
2. This petition is filed under Article 226 & 227 of the Constitution of India. The petitioner has sought direction to the ::: Uploaded on - 16/01/2020 ::: Downloaded on - 17/03/2020 01:00:00 ::: 2 WP.746-19 JUDGMENT.odt respondents to consider and recommend the case of the petitioner for grant of Special Remission as per Annexure-I to the petition. The Special Remission sought is on the basis of the order dated 27.07.2018 issued by Home Minister of India, New Delhi, granting as part of Celebration of 150th Birth Anniversary of Mahatma Gandhi, Special Remission in specific categories of prisoners and guidelines annexed to the said letter. It has been contended by the learned counsel for the petitioner that the petitioner is entitled for the said Special Remission. The respondent No. 2 - Superintendent of Jail, Central Prison, Amravati, has filed reply dated 01.10.2019, inter-alia contending that, considering the offence and the conviction which has been imposed on the petitioner, the petitioner is not entitled to the said Special Remission.
3. We have heard Ms. Aarti Singh, learned counsel for the petitioner and Smt. N.R. Tripathi, learned APP for the respondents.
4. We have perused the judgment and order dated 04.08.2014 passed by the Special Judge (MCOCA), Amravati in SPL. (MCOCA) Case No.1/2011. The present petitioner is accused No.5 in that case and the present petitioner along with certain other accused were convicted of the offences punishable under Sections 3(1) (ii), 3(2), 3(4) of the MCOC Act and also under Sections 397 & 120-B of the Indian Penal Code, and is sentenced to undergo rigorous ::: Uploaded on - 16/01/2020 ::: Downloaded on - 17/03/2020 01:00:00 ::: 3 WP.746-19 JUDGMENT.odt imprisonment of ten years and fine of Rs.5,00,000/-(Rs. Five Lakh). It is significant to note that the petitioner is inter-alia convicted under Section 3(1) (ii) of the MCOC Act. The said Section 3(1) (ii) specifically provides that the said offence punishable with imprisonment for the term which is not less than five years and which may extend to imprisonment for life and shall also be liable to fine of Rs.5,00,000/-(Rs. Five Lakh).
5. In view of the above, it is significant to note the Clause-4 of the said letter dated 27.07.2018 by which Special Remissions are granted.
"Clause-4 :- Special remission will, however, not be given to prisoners who have been convicted for an offence for which the sentence is sentence of death or where death sentence has been commuted to life imprisonment, or the cases of convicts for the offence for which punishment of life imprisonment has been prescribed as one of the punishments; cases of convicts involved in serious and heinous crimes like dowry death, rape, human trafficking and convicted under POTA, UAPA, TADA, FICN, POCSO Act, PMLA, FEMA, NDPS, Prevention of Corruption Act, etc. The foreign national convicts will be released with the concurrence of the Ministry of External Affairs."
6. Thus, it is clear that the petitioner is convicted for the offence for which punishment of life imprisonment has been prescribed as one of the punishment. Therefore, it is clear that the benefit of the said letter dated 27.07.2018 is not available to the petitioner, and therefore, no relief can be granted to the petitioner. ::: Uploaded on - 16/01/2020 ::: Downloaded on - 17/03/2020 01:00:00 :::
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7. Therefore, the petition is dismissed. Rule discharge.
8. The learned counsel appointed for the petitioner is entitled for legal remuneration of Rs.2,500/-.
JUDGE JUDGE
S.D.Bhimte
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