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Bombay High Court

PINTU @ LAXMAN SARJERAO LONDHEversusSTATE OF MAHARASHTRA AND ANR

Decided
Disposal
Dismissed

Holding

The petition is dismissed as the authorities correctly applied the earlier judgment and remission rules.

Summary

The petitioner, Pintu @ Laxman Sarjerao Londhe, filed a criminal writ petition seeking remission earned from 8 February 2015, contending that under a 13 November 2018 notification he should have been re‑entered into the Remission Book on 9 February 2015 after completing six years from his surrender on 8 February 2009. He alleged that instead he was re‑entered only in 2022, a delay of about 13 years, and therefore sought relief. The State argued that the petitioner was never removed from the Remission Book and that his total remission was substantially reduced because he remained outside jail without surrendering, citing a Division Bench judgment (Criminal Writ Petition No.2298 of 2015) which held that an overstay of 496 days resulted in a deduction of 2,480 days of remission (5 days per day of overstay). The Court examined the chart annexed to the affidavit, found the authorities had correctly applied the earlier judgment and the applicable remission rules, and concluded that the petition was misconceived. Consequently, the Court dismissed the petition.

Issues considered

  • What is the correct date for re‑entry of the petitioner into the Remission Book under the 13 November 2018 notification?
  • Whether the petitioner’s remission should be reduced due to his overstay outside jail and, if so, how the reduction is calculated.

Subjects

  • remission
  • prison
  • overstay
  • remission book
  • criminal writ petition
  • sentence reduction

Judgment

                      Gokhale                               1 of 3                   10-wp-3209-25


                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CRIMINAL APPELLATE JURISDICTION

                                  CRIMINAL WRIT PETITION NO. 3209 OF 2025

                     Pintu @ Laxman Sarjerao Londhe                            ..Petitioner
                           Versus
                     The State of Maharashtra & Anr.                           ..Respondents

                                                 __________
                     Mrs. Nasreen S. K. Ayubi for Petitioner.
                     Ms. Supriya Kak, APP for State/Respondent.
                                                 __________

                                                CORAM : SARANG V. KOTWAL &
                                                        ASHISH S. CHAVAN, JJ.

                                                DATE     : 6 AUGUST 2026
                     PC :

                     1.           The petition is filed with the following prayer (b):


                                 “(b) This Hon’ble Court be pleased to grant the
                                 remission earned from 8.2.2015 till date in the
                                 interest of justice; and good conscience, as per the
                                 Notification dtd.13.11.2018.”



                     2.           As can be seen that the prayer is quite vague. However,

                     from the petition, the main challenge appears to be in paragraph-6

                     which reads as follows:


                                 “(6) The Petitioner states that as per the Notification
                                 dated 13.11.2018, the Petitioner was entitled to
                                 produce before the Committee after six years from his
        Digitally
        signed by
        VINOD
VINOD   BHASKAR
BHASKAR GOKHALE
GOKHALE Date:
        2026.08.07
        10:47:41
        +0530
                                    2 of 3                    10-wp-3209-25


         surrender i.e. from 8.2.2009. The Petitioner states
         that the Petitioner was entitled to be re-entered in the
         Remission Book (System) on or about 9.2.2015 after
         completion of six years from 8.2.2009. The Petitioner
         states that the Petitioner has been re-entered in
         Remission Book in 2022 that is after lapse of almost
         13 years from 8.2.2009. Hereto annexed and marked
         as Annexure ‘D’ is the copy of said Notification dated
         13.11.2018.”



3.       Learned counsel for Petitioner submitted that he was

entitled to be re-entered in the Remission Book on 09.02.2015

after completion of six years from 08.02.2009. However, he was

re-entered in the Remission Book in 2022.


4.       Learned APP submitted that the contention is not

correct. She invited our attention to the chart annexed to the

Affidavit in reply. It shows that he was never removed from the

Remission Book. However, the total remission earned by him was

substantially affected because of his remaining outside the Jail

without surrendering. Learned APP relied on the Judgment passed

by a Division Bench of this Court dated 20.09.2016 passed in

Criminal Writ Petition No.2298 of 2015. That judgment has

attained finality. The said judgment mentions that the Petitioner
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had overstayed for 496 days. If 5 days of remission was cut off for

each day of overstay, then for 496 days of overstay, 2480 days of

remission would be cut. Accordingly, the chart annexed to the

Affidavit in reply shows deduction of those 2480 days from the

total number of remission earned by the Petitioner.


5.        In this view of the matter, we find that the present

petition is misconceived. The Authorities have properly taken into

consideration the order passed by the Division Bench referred to

herein above and the Rules for granting remission in accordance

with the Rules.


6.        The Petition is accordingly dismissed.




(ASHISH S. CHAVAN, J.)                     (SARANG V. KOTWAL, J.)


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