1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 904 OF 2010 Harichand Deepchand Wankhede, C.No.4504, Open Jail, Aurangabad ..PETITIONER VERSUS 1. The State of Maharashtra 2. The Superintendent, Central Prison, Aurangabad ..RESPONDENTS Mrs.Vidya S.Narate, Advocate (appointed) for petitioner Mr.B.V.Wagh, Assistant Public Prosecutor for respondents CORAM : P.V. HARDAS AND A.V. POTDAR, JJ DATE : 20th OCTOBER 2010 ORAL JUDGMENT (PER P.V.HARDAS, J.) 1. Rule. Rule returnable forthwith. With the consent of learned Counsel for the parties this petition is heard finally at the stage of admission. 2. The communication of the petitioner sent through jail taking exception to the inaction on the part of the respondents in not deciding his application for premature release though he has completed his 14 years actual imprisonment is a subject matter of the present petition. 2 3. Since the communication was received from jail, the said communication came to be registered as Criminal Writ Petition and when this petition was listed before us for admission, we had appointed Advocate Mrs.Vidya Narate to represent the petitioner in this petition before us. On notice of this petition being issued to the respondents, the learned Assistant Public Prosecutor has tendered before us a communication/order dated 19.10.2010 by which the petitioner has been directed to be released forthwith subject to the completion of 14 years of actual imprisonment. The aforesaid order has been issued by the Joint Secretary to the Government of Maharashtra, Home Department. In the light of the order dated 19.10.2010, according to us the relief which the petitioner has prayed for in this petition has been rendered infructuous. 4. In that light of the matter, therefore, we dismiss this petition and discharge the Rule. We, however, quantify the fees payable to the learned Counsel appointed on behalf of the petitioner at Rs.1,500/- (Rs. One thousand five hundred). ( A.V. POTDAR ) ( P.V.HARDAS ) JUDGE JUDGE (vvr/904.10criwp) 3