MRITUNJAY GOBIND GHOSH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The above Writ Petition, inter-alia, challenges the Government Order dtd. 18/8/2016, bearing Ref. No. RLP/1416-Pr No 532/2016/ Turang-3, passed by the Respondent No.2, Under Secretary, Home Department, State of Maharashtra, Mantralaya, Mumbai - 400 032 (the 'Impugned Order'). The said Impugned Order dtd. 18/8/2016 is passed on the basis of the recommendation of the Advisory Committee set up under the Maharashtra Prison Rules, 1972, which recommended the release of Respondent No. 8 Laltu Ashok Ghosh under Category 4(e) as per the Guidelines dtd. 15/3/2010. The period of imprisonment undergone by the Respondent No.8 was completed on 30/12/2021.

(2.) The Petitioner has prayed that in the event that the Respondent No.8 is released by this Court, then just and necessary conditions be imposed by this Court on the Respondent No.8, to ensure the safety of the Petitioner and his family. Sentence Imposed upon Conviction:

(3.) The Respondent No. 8 (Laltu Ashok Ghosh) and his co-accused (Prashant Majhi) were convicted by the Additional Sessions Judge, Greater Mumbai, on 23/11/2006, for offences under Ss. 302, 394 and 449 r/w 34 of I.P.C., and under Sec. 302 r/w 34 IPC. The said conviction and the sentences set out hereinbelow, were recorded against the Respondent No.8 and the co-accused for the murder of the Petitioner's wife and minor son in or about 2001. They were both sentenced to suffer imprisonment for life and pay a fine of Rs.5,000.00 (Rupees Five Thousand) each, in default to suffer further R.I. for six months. They were further convicted under Sec. 394 r/w. 34 I.P.C. and both the Respondent No. 8 and the coaccused were sentenced to suffer R.I. for 10 years each and pay a fine of Rs.10,000.00 (Rupees Ten Thousand) each, in default suffer further R.I. for one year each. Both the Respondent No. 8 and the co-accused were also convicted under Sec. 449 r/w 34 I.P.C., and sentenced to suffer R.I. for 7 years each, and to pay a fine of Rs.5,000.00 (Rupees Five Thousand) each, in default suffer R.I. for six months each.