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2014 DIGILAW 1509 (BOM)

Suresh v. Principal Secretary, Department of Home Affairs

2014-07-10

P.R.BORA, S.S.SHINDE

body2014
JUDGMENT : P.R. Bora, J. 1. Heard learned Counsel for the petitioner and learned APP for State. Rule. Rule returnable forthwith. The present petitioner is the convict in Sessions Case No. 137/2001. In the aforesaid Sessions Case, he was awarded with the sentence of life imprisonment and to pay fine of Rs. 2,000/-, in default of payment of fine, to undergo S.I. For six months. He is undergoing the sentence in open prison, Paithan. It is his case in the present writ petition that with remission he has undergone the period of more than 22 years in jail. It is his further case that as per the Prison Rules and the Circulars and resolutions, time to time drawn, he has now become entitled to be released. It is his further case that after a representation made by him for his premature release, the jail authorities have sought the opinion from the Sessions Court, by which he was convicted and the said Court has given its opinion, favouring his premature release. It is his further case that even after such opinion given by the Sessions Court, respondents have illegally and arbitrarily turned down his request of his premature release by holding that his case falls in the category 2(c) of the revised Government Guidelines dated 15.3.2010, which prescribe the period of 26 years, including remissions and set off. 2. Shri Kulkarni, learned Counsel appointed in the present matter to assist the petitioner, has submitted that the order dated 24th January, 2014 is arbitrary, illegal and based on wrong interpretation and appreciation of the Government guidelines dated 15.3.2010. The learned Counsel brought to our notice the concerned guidelines. The said guidelines are part of the affidavit in reply submitted by Respondent No. 1. The learned Counsel brought to our notice the concerned guidelines. The said guidelines are part of the affidavit in reply submitted by Respondent No. 1. The relevant clause of the said guideline at Serial No. 2 is reproduced herein below- Category No. Sub category Categorization of Crime Period of imprisonment to be undergone including remission subject to a minimum of 14 years of actual imprisonment including set off period 2 Offences relating to crime against women and minors (a) Where the convict has no previous criminal history and committed the murder in an individual capacity in a moment of anger and without premeditation 20 (b) Where the crime as mentioned above committed with premeditation 22 (c) Where the crime is committed with exception violence and or with brutality or death of victim due to burns 26 (d) Murder with rape 28 3. As has been argued on behalf of the petitioner his case falls within category 2(b) and he is, therefore, entitled to be released when he has completed 22 years of imprisonment. Whereas, according to the respondents, the case of the petitioner falls in Category 2(c). 4. In the instant case, the victim had admittedly died due to burns and the petitioner been held guilty for the same. Allegation against the petitioner that he poured kerosene on his deceased wife when she was in sleep and set her on fire because of which she ultimately died, has been held to have been proved. Thus, the case of the petitioner falls in category 2(c) of the aforementioned guidelines. In the present writ petition, there is no challenge to the aforesaid Government Guidelines. In such circumstances, no relief can be granted to the present petitioner and the petition so submitted by him deserves to be dismissed. It is accordingly dismissed. Rule discharged. We appreciate the efforts taken by the Shri Kulkarni, learned Counsel, who was appointed in the present petition to assist the petitioner, who is undergoing the imprisonment in jail. We have noticed that the learned Counsel has done honest efforts to canvass the case of the petitioner, fact apart that, no relief could be granted to the petitioner. We quantify remuneration at Rs. 5,000/- (Rupees five thousand) payable to Shri Kulkarni, learned Advocate appointed for the petitioner.