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2026 DAILYLAW 5679 (BOM)

SHRIHARI RAJLINGAM GUNTUKA v. THE STATE OF MAHARASHTRA

WP/3630/2026 · 2026-08-31

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Judgment text

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1 of 2 19-WP-3630-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 3630 OF 2026 Shrihari Rajlingam Guntuka ..Petitioner Versus The State of Maharashtra ..Respondent __________ Mr. Hitesh Shah, for the Petitioner. Ms. Gauri Rao, APP for the Respondent/State. __________ CORAM : SARANG V. KOTWAL & RANJITSINHA RAJA BHONSALE, JJ. DATE : 31 AUGUST 2026 PC : 1. This Petition is filed with a prayer for directions to set aside the Order dated 11th November 2016. The Petitioner did not surrender after he was released on furlough leave. On 10th June 2010, he had to be arrested as he remained outside unauthorisedly for 293 days. He was arrested by the Police on 18th March 2016. Therefore, as per the circular applicable in the year 2016, the impugned order dated 11th November 2016 was passed directing that, the Petitioner shall not be entitled for the benefit of remission permanently. supriya SUPRIYA PRAMOD JAWARE Digitally signed by SUPRIYA PRAMOD JAWARE Date: 2026.09.02 17:19:05 +0530 2 of 2 19-WP-3630-2026 2. Learned APP as well as learned Counsel appearing for the Petitioner submitted that, subsequent to 2016 and even prior to that, there were circulars mentioning as to what should be the approach in taking back the name of the prisoner on the remission register. Both of them referred to the circular dated 27th May 2015 and circular dated 7th October 2019. As far as the impugned Order is concerned, we find that it was passed on valid grounds. That is the only prayer made in this Petition. 3. Mr. Hitesh Shah, learned Counsel appearing for the Petitioner, seeks permission to withdraw this Petition with liberty to file a fresh Petition based on the relevant circulars regarding the year in which the Petitioner’s name can be taken on Remission Register. Permission is granted. 4. The Petition is allowed to be withdrawn with such liberty and is accordingly disposed of. (RANJITSINHA RAJA BHONSALE, J.) (SARANG V. KOTWAL, J.)