Bombay High Court
VIJAY BABASAHEB NANAWAREversusINSPECTOR GENERAL OF PRISONS AND ANOTHER
- Disposal
- DISPOSED OFF
Holding
The Court held that the petitioner is entitled to the remission under the Government Resolution.
Summary
The petitioner, Vijay Babasaheb Nanaware, convicted of murder (IPC s.302) and rape (IPC s.376), filed a criminal writ petition seeking a three‑month remission of his sentence on the occasion of Dr. Babasaheb Ambedkar’s 125th birth anniversary, invoking a Government Resolution dated 3 June 2017. The respondent prison authority, through the Assistant Public Prosecutor, opposed the relief, arguing that there was no clear report from the Additional Sessions Judge in Nashik and that the petitioner did not fall within any category specified in the resolution. The Sessions Judge had indicated that, because the petition was pending, no report could be furnished. The High Court examined whether the petitioner was eligible for remission despite the lack of a formal report and his conviction for serious offences. The Court concluded that the petitioner could benefit from the Government Resolution and allowed the petition, granting the requested remission.
Issues considered
- Whether the petitioner convicted under Sections 302 and 376 IPC is eligible for remission under the Government Resolution dated 03.06.2017
- Whether the absence of a clear report from the Additional Sessions Judge precludes granting remission
Legislation cited
- Indian Penal Code, 1860 — s. 302, 376
Subjects
- remission
- government resolution
- IPC
- Section 302
- Section 376
- criminal conviction
- writ petition
- prison
- Dr. Babasaheb Ambedkar anniversary
Judgment
2026:BHC-AUG:39484-DB
943 CRIMINAL WRIT PETITION NO. 1502 OF 2025
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
943 CRIMINAL WRIT PETITION NO. 1502 OF 2025
Vijay Babasaheb Nanaware
Versus
Inspector General Of Prisons And Another
__________________________________________________________
Adv. Rupesh Anil Jaiswal for the Petitioner
Mr. N. B. Patil, APP for Respondents - State
__________________________________________________________
CORAM : SANDIPKUMAR C. MORE AND
VAISHALI PATIL-JADHAV, JJ.
DATE : AUGUST 28, 2026
PER COURT :
1) Heard.
2) By way of this petition the petitioner is seeking
the benefit of state remission of three months on the eve of
125th Birth Anniversary of Dr. Babasaheb Ambedkar as per
the Government Resolution dated 03.06.2017.
3) Though the learned APP, by filing an affidavit-in-
reply, opposed the petition on the ground that there is no
clear and unambiguous report on record from the
concerned Additional Sessions Judge, Nashik, as to
whether the said remission can be granted, no proper
decision has been taken in the matter. He submits that a
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943 CRIMINAL WRIT PETITION NO. 1502 OF 2025
fresh letter was already issued to the concerned Sessions
Judge, however, the learned Sessions Judge replied stating
that, since the present petition is pending, no report can be
given.
4) It appears that the petitioner has been convicted
for the offences punishable under Sections 302 and 376 of
the Indian Penal Code. The learned A.P.P. submits that the
petitioner does not fall under any of the categories
mentioned in the Government Resolution.
5) In view of the above, we are of the opinion that
the benefit of the Government Resolution dated 03.06.2017
can be granted to the petitioner. Criminal Writ Petition,
therefore, stands allowed in terms of prayer clause "[C]"
and disposed of accordingly.
(VAISHALI PATIL-JADHAV) (SANDIPKUMAR C. MORE)
JUDGE JUDGE
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