ASHOKKUMAR SATYANARAYANA ARYA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. Rule. The learned APP waives service.

(2.) Though the State has filed separate affidavit in reply in each petition, the grievance raised is common and mainly with regard to the eligibility for being admitted to the open prison if convicted and sentenced for the offences punishable under sections 392, 394 and 397 as well as 302 of the IPC and the sentence is directed to be suffered concurrently. Hence, these petitions are being decided by a common judgment.

(3.) In Writ Petition No. 362 of 2010, the petitioner has been convicted for the offences punishable under sections 394 and 302 read with section 34 of IPC and sentenced to suffer RI for 7 years under section 394 and for life under section 302 of IPC. He has by now, completed actual sentence of 13 years and thus, the sentence of 7 years awarded for the offence punishable under section 394 has already been undergone.