IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CRIMINAL WRIT PETITION NO. 138 OF 2010 SHIVAJI YASHWANT GAWADE .. PETITIONER VERSUS THE STATE OF MAHARASHTRA .. RESPONDENTS\ Mr. Abhaykumar Apte for the petitioner Smt. U. V. Kejariwal, APP CORAM: SMT. RANJANA DESAI & SMT. MRIDULA BHATKAR,JJ. DATED : 23rd February, 2010 P.C. The petitioner is at present lodged in Open Prison at Paithan. He is a life convict. He was released on parole on 20/12/2007. His parole leave was to expire on 19/1/08. He was to surrender to the prison on 20/1/08 at 10-30 a.m. Instead of 10-30 a.m. the petitioner surrendered to the prison at 4-30 p.m. on 20/1/08. Because of late surrender his one day’s remission is cut. The petitioner is aggrieved by this and has approached this court. 2. We have heard Mr. Apte, learned counsel for the petitioner. He submitted that the petitioner surrendered to the prison on the same day. He surrendered late by about 6 hours. Mr. Apte contended that the petitioner could not reach the prison on time because the bus was not available. He submitted that there was no intention to surrender late and, therefore, a kindly approach may be adopted. 3. Smt. Kejariwal, learned APP states that as per the Rules, the prison closes at 3 p.m. on Sunday and, therefore, the petitioner should have surrendered to the prison by 10-30 a.m. She submitted that his one day’s remission has been cut as per Rules and, therefore, no interference is necessary with the prison punishment. 4. Generally, we do not interfere with the prison punishment imposed on the prisoners as per rules and regulations. However, this is a case where the petitioner did surrender on the appointed day, however he surrendered late by 6 hours because the bus was not available. The delay occurred because of the unavailability of public transport. 5. It is also pertinent to note that the petitioner’s conduct in the prison is good. That is the reason why he has been shifted to Open Prison at Paithan. In such a case a little sympathetic approach is necessary without making it a condition precedent. 6. In the peculiar circumstances of the case, we set aside the order dated 14/7/2008 passed by the Sessions Judge, Kolhapur confirming the punishment of cutting one day’s remission of the petitioner. 7. Petition is disposed of. 8. This order be communicated to the petitioner in jail. (SMT. RANJANA DESAI, J.) (SMT. MRIDULA BHATKAR, J.)