17.cr wp 454-10.doc RMA IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 454 OF 2010 Gulam Nabi Usman Ali .. Petitioner Vs The State of Maharashtra & Ors .. Respondents Ms. Rohini Dandekar appointed advocate for the Petitioner Mr. V.B. Konde-Deshmukh, APP for the State CORAM : SMT. V.K. TAHILRAMANI, J DATE : 30th AUGUST, 2010. P.C.: 1. Heard learned advocate for the petitioner and learned APP for the State. 2. By order dated 1st June 2009, the Family Court, Bandra, directed the petitioner to suffer SI for 12 months or till he deposits Rs. 42000/- whichever is earlier. On the very same day, the learned Judge of the Family Court also passed the order directing the petitioner to suffer SI for 11 months or till he deposits Rs. 38,500 whichever is earlier. Learned advocate for the petitioner states that the petitioner is a poor labourer and he does not get work on regular basis, therefore, he is unable to earn enough even to feed himself. In such case, it is not possible for 1 17.cr wp 454-10.doc him to pay the said amount. Ms. Dandekar submitted that if the petitioner was able to pay even one of the two amounts, he would not have continued to languish in jail. She pointed out that the petitioner has undergone the entire sentence of 12 months in prison and as far as the second sentence of imprisonment of 11 months is concerned, as the petitioner has not been able to deposit the further amount of Rs. 38,500/-,he has remained in prison till today. 3. Ms. Dandekar submitted that as the petitioner is a poor labourer, looking to his circumstances, a lenient view may be taken by this Court and the sentence in the second case be reduced to the period undergone by him. As of today, the petitioner has undergone, almost 3 months of imprisonment from the period of 11 months. Looking to all the facts, I am inclined to reduce the sentence of imprisonment in the second case from 11 months to 5 months. 4. The petition is allowed in above terms. 5. Order be communicated to the petitioner who is in Nasik Central Prison. [SMT. V.K. TAHILRAMANI, J.] 2 17.cr wp 454-10.doc 3