Bombay High Court
SHRIHARI RAJLINGAM GUNTUKAversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed To be withdrawn
Holding
The Court held that the order denying remission was valid and therefore the petition could be withdrawn.
Summary
The petitioner, Supriya Pramod Jaware, filed a writ petition seeking to set aside an order dated 11 November 2016 which permanently denied him the benefit of remission because he failed to surrender after being released on furlough and was later arrested for being unauthorised outside for 293 days. The petitioner relied on circulars dated 27 May 2015 and 7 October 2019, arguing that they should permit his name to be taken back on the remission register. The learned Assistant Public Prosecutor and the respondent State contended that the order was based on valid grounds prevailing at the time. The Court examined the applicability of the circulars and found that the impugned order was correctly passed on the facts and the prevailing procedural rules. Consequently, the Court allowed the petitioner’s request to withdraw the petition with liberty to file a fresh petition, and the petition was disposed of.
Issues considered
- Whether the order denying permanent remission to the petitioner was valid under the applicable prison circulars.
- Whether the circulars of 27 May 2015 and 7 October 2019 can be invoked to set aside the remission denial.
Subjects
- remission
- prison
- furlough
- circulars
- writ petition
- High Court
- criminal appellate jurisdiction
Judgment
supriya 1 of 2 19-WP-3630-2026
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 3630 OF 2026
SUPRIYA
PRAMOD
JAWARE
Shrihari Rajlingam Guntuka ..Petitioner
Digitally signed
by SUPRIYA
Versus
PRAMOD
JAWARE
Date: 2026.09.02
17:19:05 +0530
The State of Maharashtra ..Respondent
__________
Mr. Hitesh Shah, for the Petitioner.
Ms. Gauri Rao, APP for the Respondent/State.
__________
CORAM : SARANG V. KOTWAL &
RANJITSINHA RAJA BHONSALE, JJ.
DATE : 31 AUGUST 2026
PC :
1. This Petition is filed with a prayer for directions to set
aside the Order dated 11th November 2016. The Petitioner did not
surrender after he was released on furlough leave. On 10 th June
2010, he had to be arrested as he remained outside unauthorisedly
for 293 days. He was arrested by the Police on 18 th March 2016.
Therefore, as per the circular applicable in the year 2016, the
impugned order dated 11th November 2016 was passed directing
that, the Petitioner shall not be entitled for the benefit of remission
permanently.
2 of 2 19-WP-3630-2026
2. Learned APP as well as learned Counsel appearing for
the Petitioner submitted that, subsequent to 2016 and even prior
to that, there were circulars mentioning as to what should be the
approach in taking back the name of the prisoner on the remission
register. Both of them referred to the circular dated 27 th May 2015
and circular dated 7th October 2019. As far as the impugned Order
is concerned, we find that it was passed on valid grounds. That is
the only prayer made in this Petition.
3. Mr. Hitesh Shah, learned Counsel appearing for the
Petitioner, seeks permission to withdraw this Petition with liberty
to file a fresh Petition based on the relevant circulars regarding the
year in which the Petitioner’s name can be taken on Remission
Register. Permission is granted.
4. The Petition is allowed to be withdrawn with such liberty
and is accordingly disposed of.
(RANJITSINHA RAJA BHONSALE, J.) (SARANG V. KOTWAL, J.)
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