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2022 Supreme(Bom) 827

RAJESH S. PATIL, VIBHA KANKANWADI
Bhaskar Shankar Wagh – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Petitioner: Mr. Mukul S. Kulkarni.
For the Respondent: Mr. M. M. Nerlikar.

JUDGMENT :

Vibha Kankanwadi, J.

1. Petitioner is an accused, who has been convicted in several cases and at present he is 72 years old prisoner, undergoing the conviction, seeks to invoke Article 14, 21, 226 r/w Article 227 of the Constitution of India with a prayer to quash and set aside the calculation made by respondent no. 2 – the Superintendent of Jail, Yerwada Central Prison, Pune, in respect of period of sentence of imprisonment awarded to the petitioner with respect to Sessions Case No. 2/1991 decided on 20.02.2013 and to further direct the respondent no. 2 to reconsider the period of imprisonment as per the Judgment and also to issue writ of habeas corpus for his release in view of the completion by declaring that the period of detention has been undergone by him.

2. The factual matrix leading to the petition are, in short, as under : -

As aforesaid, the petitioner is convicted. He has been lodged in Yerwada Central Prison, Pune, since 07.08.1994 in C.R. No.441/1990, which was the subject matter of Sessions Case No.6/1991. By Judgment and Order dated 04.08.19

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