1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.2628 OF 2009 Ashok Vitthal Patil .. Petitioner Vs. The State of Maharashtra & Anr. .. Respondents None present for the petitioner Dr.F.R.Shaikh, A.P.P. for the State CORAM : J. N. PATEL & A.A. SAYED, JJ DATE : 7th DECEMBER, 2009 P.C. : 1. The respondent State has filed an affidavit of Deputy Secretary, Home Department. The same is taken on record. In the affidavit in reply, it has been specifically stated that directions issued by this court vide order dt.16.11.2009 have been complied with but due to communication gap, the government order issued on 26.11.2009 could not be brought to the notice of this court. 2 2. In view of the fact that the petitioner s case was reconsidered and it is ’ categorised in 3(b) of the guidelines instead of 3(d) and accordingly, the petitioner prisoner has already been released. 3. The cost imposed by this court should be deposited within two weeks by the Additional Chief Secretary, Home Department in this court. On failure on the part of the Additional Chief Secretary as directed by this court, the Registry is directed to issue a precept to the District Magistrate to recover the cost as fine by adopting the procedure provided under Maharashtra Land Revenue Code and on such cost being deposited, the same may be remitted to the prisoner through Jail. 4. In view of this, nothing survives in the petition. The same is disposed of as infructuous. ( J. N. Patel, J) (A.A. Sayed, J)