ANILKUMAR @ LAPETU RAMSHAKAL SHARMA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Leave granted.

(2.) The appellant, a life convict, is seeking pre-mature release after almost 20 years of incarceration. The appellant approached the Government for remission of his life sentence upon which the Government procured a report from the Additional District Court, Greater Mumbai, which Court initially convicted the appellant and passed the sentence of imprisonment for life under Sec. 302 and 7 years rigorous imprisonment under Sec. 307 of the Indian Penal Code [For short 'IPC']; to be undergone concurrently. Based on the opinion of the learned Additional Sessions Judge that the act committed by the appellant falls within the purview of Category 4(d) of the 2010 guidelines framed for pre-mature release, the Government through its Home Department directed his release after 24 years. The appellant's contention is that he ought to have been released after 22 years.

(3.) We have heard learned counsel for the appellant and also the learned Government Advocate appearing for the respondents, who submitted that the guidelines are clear and the order is issued in tandem with the same. The appellant has to serve two more years for release is the contention.