((-1-)) mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1384 OF 2008 Shivaji Dashrath Gaikwad Petitioner versus The State of Maharashtra and others Respondents Mr.Aslam Shaikh for petitioner. Mr.A.S.Gadkari, APP for respondents. CORAM : BILAL NAZKI AND A.A.KUMBHAKONI, JJ. DATE : 12th August 2008 PC : 1. The petitioner is a convict, presently undergoing a sentence of rigorous imprisonment. The present petition is sent through jail by the petitioner impugning an order whereby the remission of the petitioner is deducted at the rate of 2.5 days per day of over-stay, the petitioner having over-stayed for 209 days while on parole. 2. An affidavit-in-reply has been filed by the respondents whereby it is pointed out that even on an earlier occasion the petitioner over-stayed by 144 days while on parole and ((-2-)) that on that count his remission was cut @ two days per day of over-stay i.e. by 228 days. The petitioner had filed Criminal Writ Petition No.353 of 2006 challenging the punishment so awarded to the petitioner. This writ petition was dismissed by this Court on 28th July 2006. 3. This time, when the petitioner over-stayed for 209 days while on parole leave, his remission has been cut at the rate of 2.5 days per day of over-stay. The petitioner preferred Writ Petition No.2322 of 2007 impugning the aforesaid second order of punishment. This writ petition was also dismissed by this Court on 5th February 2008. 4. In view of the aforesaid facts, the petitioner cannot be permitted to agitate again the same issue by the present petition. This petition is, therefore, dismissed. (BILAL NAZKI, J.) (A.A.KUMBHAKONI, J.)