1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH : NAGPUR Criminal Writ Petition No. 10 of 2011 [Suresh Motiram Masram Vs. State of Mah. & anoher] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Petition is received by Post. Mrs. Nandita Tripathy, APP for respondent nos. 1 and 2. ----- CORAM : A.H. JOSHI AND A.B. CHAUDHARI, JJ. DATE : 13th January, 2011. 01. This is a Letter-Petition. 02. Petitioner claims that he has served the sentence for a total period of sixteen years and six months, which includes the period of his being the under trial prisoner. The petitioner, therefore, prays for forthwith release, inter alia, on the ground that two year s remission granted by the Central Govt., should also be added. 03. It is not the grievance of the 2 petitioner that his case was considered by the Govt., and in the process of categorization and consideration of remissions etc., any error has occurred. 04. We are of considered view that the petition need not and cannot be entertained for forthwith release. Present case is of conviction of the petitioner for offence under Section 302 of Indian Penal Code. The State Govt., is supposed to take a decision as to fixing the category of petitioner and releasing him only after he completes the tenure of sentence taking into account remissions etc. 05. We, therefore, dismiss the petition. 06. Steno copy of this order be supplied to learned APP for communication to the petitioner through the Superintendent, Central Prison, Nagpur. Judge Judge |Hedau|