(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. CRIMINAL WRIT PETITION NO. 529 OF 2010 Jankiram Pandharinath Patil, Convict No. 5719, Open Jail, Aurangabad. .. Petitioner. versus The State of Maharashtra. .. Respondent. ....................... Ms. R.P. Hardas, Advocate (appointed), for the petitioner. Mrs. A.V. Gondhalekar, Additional Public Prosecutor, for the respondent / State. ........................ CORAM : B.R. GAVAI & A.A. SAYED, JJ. DATE : 30TH SEPTEMBER 2010 COURT'S ORDER (Per B.R. Gavai, J.) : 1. The limited grievance raised in the petition is that though the proposal of the petitioner for his premature release has been forwarded by the Superintendent of Prison, Central (2) Prison, Aurangabad, to the State Government, the same has not been decided by the State Government. 2. It can be seen from the affidavit filed by the Additional Superintendent of Prison, Central Prison, Aurangabad, that the proposal regarding premature release of the petitioner has been forwarded to the Inspector General of Prison, Maharashtra State, Pune, way back on 2nd August 2008. It is further stated in the affidavit, that the said proposal has been forwarded by the Inspector General of Prison, Maharashtra State, Pune, to the State Government, on 22nd January 2009. A period of almost 1 year and 9 months has lapsed therefrom. The State cannot be permitted to sit idle over the matter concerning liberty of a citizen. 3. In that view of the matter, the State Government is directed to decide the proposal regarding premature release of the petitioner, as forwarded by the Superintendent, Central Prison, Aurangabad, and the Inspector General of Prison, Maharashtra State, Pune, within a period of four weeks from today. It is made clear that if the said proposal is not decided within a period of four weeks from today, this court would be constrained to take serious view of the matter. 4. With the above directions, the petition is disposed of. (3) 5. Since Ms. R.P. Hardas, learned Counsel, was appointed as amicus curiae, to represent cause of the petitioner, her fees are quantified at Rs. 3,000/- [Rupees three thousand only]. 6. Authenticated copy of this order be supplied to the learned Additional Public Prosecutor, to act upon. ( A.A. SAYED ) ( B.R. GAVAI ) JUDGE JUDGE ......................... bgp/kwp529