AMIT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard finally forthwith by consent of the learned counsel for the parties.

(2.) The petitioner, who is undergoing life imprisonment in Central Prison, Nagpur, by the present petition filed under Article 226 of the Constitution of India, has challenged order dated 21.4.2018 passed by the Home Department of the State of Maharashtra, by which it has been directed that the petitioner will be released from jail after completion of 30 years of imprisonment including remission. By the said order dated 21.4.2018, the petitioner's case has been categorized in clause 7 (a) of Guidelines dated 11.5.1992 issued by the State Government bearing no.RLP-1092/13/252 (Prison-3) (hereinafter referred to as "1992 Guidelines") providing for 30 years of imprisonment including remission subject to minimum of 14 years of actual imprisonment including set off period and also in category 6 (d) of Annexure-I of Guidelines dated 15.3.2010, bearing No. RLP-1006/C.R.621/ (Prison-3) (hereinafter referred to as "2010 Guidelines") which also provides for 30 years of imprisonment including remission subject to 14 years of actual imprisonment including set off period. It is further stated in the order dated 21.4.2018 that as the provisions of both the guidelines are same and, therefore, it has been directed that the petitioner be released after completion of 30 years of imprisonment including remission on the condition that the petitioner's behaviour is good till the release from the prison.

(3.) We have heard Shri N.H. Samundre, learned counsel for the petitioner and Shri T.A. Mirza, learned APP for the respondents- State.