Supreme Court - Daily OrdersBhumeshwar vs The State Of Maharashtra on 8 October, 20211\n\n     ITEM NO.36                    Court 6 (Video Conferencing)                        SECTION II-A\n\n                                   S U P R E M E C O U R T O F               I N D I A\n                                           RECORD OF PROCEEDINGS\n\n     Petition(s) for Special Leave to Appeal (Crl.)                            No(s).    3864/2020\n\n     (Arising out of impugned final judgment and order dated 03-08-2011\n     in CRLA No. 241/2005 passed by the High Court Of Judicature At\n     Bombay At Nagpur)\n\n     BHUMESHWAR                                                                   Petitioner(s)\n\n                                                          VERSUS\n\n     THE STATE OF MAHARASHTRA                                                     Respondent(s)\n\n\n     Date : 08-10-2021 This petition was called on for hearing today.\n\n     CORAM :\n                             HON'BLE MR. JUSTICE SANJAY KISHAN KAUL\n                             HON'BLE MR. JUSTICE M.M. SUNDRESH\n\n\n     For Petitioner(s)                  Ms. N. Annapoorani, AOR\n\n     For Respondent(s)                  Mr.    Rahul Chitnis, Adv.\n                                        Mr.    Sachin Patil, AOR\n                                        Mr.    Aaditya A. Pande, Adv.\n                                        Mr.    Geo Joseph, Adv.\n\n\n                             UPON hearing the counsel the Court made the following\n                                                 O R D E RWe have perused the reply affidavit of the respondent.\n\n                      It is stated that in the State of Maharashtra one year before\n\n                      the date of the completion of 14 years of sentence of a\n\n                      particular prisoner, a report is made by the Superintendent\n\n                      of Prison where a recommendation is made for remission as to\nSignature Not Verified\n                      when    a   particular    prisoner        ought   to   be   released.        The\nDigitally signed by\nCharanjeet kaur\nDate: 2021.10.09\n13:17:39 IST\nReason:               Additional    Director     General     of    Police     (Prison)     and    the\n\n                      Inspector General of Prisons, Correctional Services forwards\n\n                      such    recommendations      with     his     comments      to    the      State2Government for necessary orders.In    the    facts     of    the   case,     it    is   stated    that    the\n\npetitioner has absconded from parole leave on two occasions,\n\nonce for 74 days and another time for 25 days. He also\n\nabsconded from furlough leave on three occasions for 1 day,\n\n109 days and on the third occasion for 1506 days till he was\n\narrested by the police and brought back to the prison. Thus,\n\nthe total period for which he absconded from furlough and\n\nparole is 1715 days and his name was permanently removed from\n\nthe remission register from 4th June, 2017. The petitioner\n\ncompleted 14 years of actual sentence around 15.10.2020 and a\n\nproposal     was    made     for     his       pre-mature     release     by     the\n\ncommunication dated 28.11.2019 and 25.09.2020, respectively.\n\nHowever, what has been proposed is that the petitioner should\n\nbe   released      after     undergoing         imprisonment       of   24     years\n\nincluding remission subject to minimum of 14 years of actual\n\nimprisonment       including      set-off      period.        As   on   date,    the\n\npetitioner has certainly served more than 14 years of actual\n\nsentence.         However,     the    proposal      made      by   letter      dated\n\n21.09.2020 is still under consideration.Learned counsel for the State wants some time to obtain\n\ninstructions.       We would like to state that no doubt there are\n\ninfractions on behalf of the petitioner during the period of\n\ndetention period but for him to be added with 10 years’ more\n\nsentence after he has served 14 years of sentence, would be\n\ntoo harsh.Learned counsel for the State to obtain instructions3before the next date of hearing.List on 22.11.2021.(ASHA SUNDRIYAL)                       (POONAM VAID)\nASTT. REGISTRAR-cum-PS                COURT MASTER (NSH)