1 wp2369.10 ast IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2369 OF 2010 Sadashiv Seena Salian ....Petitioner Vs. The State of Maharashtra ....Respondent. Ms. Rohini Dandekar, advocate appointed for Petitioner. Mr. K.V.Saste, APP for State. CORAM:- A.M.KHANWILKAR AND U.D.SALVI, JJ DATED:- AUGUST 31, 2010 P.C. 1. Heard Advocate appointed for Petitioner and the learned APP for State. 2. By this Petition under Article 226 of the Constitution of India filed through jail, direction is sought against the prison authority to include the Petitioner in remission register of prison and remission earned by him may not be deducted and also direct the Authority to refund deposit amount of Rs.5,000/- only. Similar grievance was made by the Petitioner on the earlier occasion by way of criminal Writ Petition No.1175 of 2008. The same was dismissed by 2 wp2369.10 another Division Bench of this Court on the following observations. "The petitioner overstayed furlough leave by 765 days and the Superintendent, Kolhapur Central Prison, directed taking away of remission concession for ever. On the District Judge's recommendation, this order was modified and it was directed that the remission shall be deducted at the rate of 2 days per day of overstay. The respondent has an authority of imposing a cut-off at the rate of 5 days per day of the days of overstay. 2. In the circumstances, we do not think that two days per day of the overstayed period is arbitrary. The writ petition is, accordingly, dismissed." In other words, the issue raised in the present petition is the same as has already been decided on the earlier occasion. It is not open for us to entertain such grievance. Hence this Petition is dismissed. 3. Court expresses a word of gratitude for able assistance given by the Advocate appointed to espouse the cause of the Petitioner. 4. Copy of this order be forwarded to the Petitioner, who is in jail. (U.D.SALVI, J) (A.M.KHANWILKAR, J)