1 3130.11 SQP IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.3130 OF 2011 Rahul @ Raju Manohar Bhosale ...Petitioner Versus The State of Maharashtra & Ors. ...Respondents ...... Mr.Ayaz Khan, amicus curiae. Ms.M.H.Mhatre, A.P.P. for Respondent-State. ...... CORAM:- A.M.KHANWILKAR AND R.G.KETKAR, JJ. DATED:- DECEMBER 1, 2011. P.C. 1. This letter Petition is received through jail. The principal relief claimed in this Petition is to quash and set-aside the decision of the Superintendent, Yerwada Central Prison, Pune dated 14/26th December, 2009 imposing punishment of 300 days for overstaying parole period by 60 days, i.e., in ratio of 1:5. 2. We find merits in the submission of the learned amicus curiae that the Appropriate Authority has completely glossed over two crucial aspects before imposing the above punishment. Firstly, that the petitioner had himself surrendered even though he had overstayed the parole period. 2 3130.11 Besides, the petitioner had offered explanation which necessitated him to continue to stay even beyond the parole period. None of these points have been considered by the Appropriate Authority. At least the impugned decision does not refer to those matters. In case, the Appropriate Authority were to be convinced with the explanation offered by the petitioner as also because of the fact that the petitioner himself surrendered back to jail to undergo the remaining imprisonment period, it would be germane for taking a lenient view - instead of imposing the maximum punishment in the ratio of 1:5. 3. Realising this position, learned A.P.P. in all fairness, submits that in that case, the Appropriate Authority will reconsider the matter afresh on its own merits in accordance with law keeping in mind that the Rules bestow discretion in the Appropriate Authority to give punishment up to maximum at the rate of 1:5 and not as minimum punishment. 4. The Appropriate Authority shall reconsider the matter afresh expeditiously and in any case, not later than eight weeks from today and communicate this decision to the petitioner within the same time who is in jail. 3 3130.11 5. The impugned decision is, therefore, quashed and set-aside. Petitioner is relegated to the Appropriate Authority for reconsideration of his case afresh. 6. Petition disposed of accordingly. 7. Copy of this order be forwarded to the petitioner for information. 8. Court expresses word of gratitude for the able assistance provided by the amicus curiae. (R.G.KETKAR, J.) (A.M.KHANWILKAR, J.)