1 3277.11 SQP IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.3277 OF 2011 Mohd.Rafique Abdul Rauf Shaikh ...Petitioner Versus The State of Maharashtra ...Respondent ...... Mr.Shaikh Hussein, amicus curiae. Mr.A.S.Gadkari, A.P.P. for Respondent-State. ...... CORAM:- A.M.KHANWILKAR AND R.G.KETKAR, JJ. DATED:- DECEMBER 5, 2011. P.C. 1. This Petition is received through Jail. The Petition takes exception to the order passed by the Special Inspector General of Police (Prisons), Central Division, Aurangabad dated 22nd December, 2009 whereunder the said Authority has imposed punishment of 185 days of remission as against the 37 days of overstayed period during parole. 2. It is not in dispute that the State Government has issued Notification on 2nd August, 2011 which provides for the yardstick to be applied in cases such as the present one while imposing punishment. In the present case, it is not in dispute that the petitioner surrendered to jail on his own. He had 2 3277.11 offered explanation for overstaying period of 37 days. Whether that explanation is acceptable or otherwise is a matter within the domain of the Appropriate Authority. Indeed, learned A.P.P. submitted that the parameters mentioned in Notification dated 2nd August, 2011 have come into effect from the Publication of the said Notification. Even so, we fail to understand as to why the principle underlying the said Notification cannot be adopted even for deciding cases which pertain to anterior period. It cannot be gainsaid that the Notification restates the principles which are very elementary. If so, we have no hesitation in directing the Appropriate Authority to reconsider the petitioner's proposal and pass appropriate order as may be advised. 3. Accordingly, this Petition succeeds. The impugned order dated 22nd December, 2009 is set-aside and the matter is relegated before the Appropriate Authority for reconsideration of the proposal in accordance with law. All questions are left open. 4. The Court expresses a word of gratitude for the able assistance given by the learned amicus curiae. 3 3277.11 5. Copy of this order be forwarded to the petitioner, who is in jail, for his information. (R.G.KETKAR, J.) (A.M.KHANWILKAR, J.)