VENKAT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal has been filed against the judgment of Bombay High Court dated 09.08.2017 dismissing the Criminal Writ Petition No.507 of 2017 filed by the appellant. Appellant was convicted on 11.10.1993 in Sessions Trial No.9 of 1992 and was sentenced to suffer life imprisonment.

(2.) The State Government after completion of 18 years of custody considered the case of the appellant for remission. By letter dated 15.02.2017, Government communicated that premature release of the appellant can be considered after completion of 26 years of sentence with all exemptions, subject to the condition of his good behaviour in the jail till his release. The State Government in the order dated 15.02.2017, which has been Signature Not Verified Digitally signed by ARJUN BISHT Date: 2019.03.15 brought on record as Annexure P-9, has referred to the 10:16:02 IST Reason: guidelines of the Government order dated 15.03.2010 as well as the Government letter dated 11.05.1992. Challenging the said order, a writ petition was filed by the appellant before the Bombay High Court which has been decided on 09.08.2017. The High Court while deciding the writ petition has relied on judgment of this Court in State of Haryana and Ors. vs. Jagdish, (2010) 4 SCC 216. The High Court has affirmed the order of the State Government observing that the State Government while considering the case of the appellant has kept in view the guidelines, which were in force in the year 1992 guidelines, and also the guidelines for premature release under the 14 year Rule of Prisoners serving life sentence i.e. the guidelines of the year 2010. Finding no fault with the order of the State Government, the writ petition was dismissed.

(3.) Murder arising out of Land dispute, family feuds, family prestige and superstition b. Crime committed as above 22 years with premeditation, either individually or by a gang.