The petitioner has applied for special remission on account of 125th Birth Anniversary of Dr. Babasaheb Ambedkar which fell on 14.04.2016. The special remission has been claimed in pursuance of related Government Resolution dated 03.06.2017.
6. The facts are quite clear that on the cutoff date i.e. on 14.04.2016, the petitioner was not in jail and thus, he is not eligible for the special remission in terms of Government Resolution dated 03.06.2017.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL WRIT PETITION NO. 857 OF 2023
Akash S/o. Devanand Tempe Vs State of Maharashtra
CORAM : VINAY JOSHI AND
MRS. VRUSHALI V. JOSHI, JJ.
DATE : 21.02.2024
ORAL JUDGMENT (PER : VINAY JOSHI , J.) :-
1. Rule. Rule is made returnable forthwith. Heard finally by
consent of learned counsel appearing for the parties.
2. The petitioner was convicted for the offence punishable under
Section 376 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for 10 years. The petitioner is in jail from 18.04.2016 for the offence which was committed on 15.04.2016. The petitioner has applied for special remission on account of 125th Birth Anniversary of Dr. Babasaheb Ambedkar which fell on 14.04.2016. The special remission has been claimed in pursuance of related Government Resolution dated 03.06.2017. The Jail Authorities sought opinion of convicting Court which they did receive on 05.10.2020. The convicting Court after perusal of the Government Resolution dated 03.06.2017 has expressed that, since on the date of implementation i.e. on 14.04.2016 the petitioner was not in prison, he is not entitled to avail the benefit of said Government Resolution.
3. Learned Counsel for the petitioner would submit that the
petitioner is in jail from last 9 years and thus, he is entitled for benefit. Moreover, it is submitted that the cutoff date was just 2 days prior to the date of petitioner’s incarceration, hence, the petitioner deserves for judicial discretion. Besides that, the petitioner has relied on decisions of this Court in Criminal Writ Petition No.462/2022 [Yogesh Pandurang Kupekar Vs. State of Maharashtra and Anr.] and in Criminal Writ Petition No.579/2023 [Nitin S/o. Shamraoji Pawnikar Vs. State of Maharashtra and Anr.] wherein the then prisoners who were arrested after cutoff date, have been granted
benefit of said Government Resolution.
4. On close examination of the Government Resolution dated
03.06.2017 we find that it bears a specific reference of the date of
implementation as 14.04.2016 i.e. the date of 125th Birth Anniversary of Dr. Babasaheb Ambedkar. Since there was no clarity, we sought clarification from the Government regarding the date of implementation. In response, the Government has clarified vide communication dated 20.02.2024 that the prisoners who were in jail on cutoff date i.e. on 14.04.2016, are eligible for benefit subject to compliance of rest of the conditions.
5. We have gone through the decisions cited by the petitioner
which does not bear a reference about the cutoff date and its
implementation. Obviously, we have received the clarification which was issued later, however, the clarification bears reference in the original scheme i.e. the Government Resolution dated 03.06.2017 itself. Since the said aspect of date of implementation relating to the cutoff date was not considered in those decisions, we are not inclined to rely on them.
6. The facts are quite clear that on the cutoff date i.e. on 14.04.2016, the petitioner was not in jail and thus, he is not eligible for the special remission in terms of Government Resolution dated 03.06.2017.
7. In view of the above, the petition stands dismissed.
8. Rule stands discharged.
(MRS. VRUSHALI V. JOSHI, J.) (VINAY JOSHI, J.)
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