RAMA Y BHANDEKAR Vs. STATE OF GOA

JUDGEMENT

(1.) THIS application is made from Jail by a prisoner who is a life convict undergoing sentence for the offence under Section 302 of the I. P. C. for his premature release on the ground that he has completed 10 years of R. I. without any kind of facility. He has claimed premature release on the basis of the judgment of the Supreme Court, the report of which has appeared in Press and a copy of which is annexed to the application by him. The learned counsel for the State has however brought before us the full text of the above judgment of the Supreme Court referred to by the prisoner. To appreciate the question of premature release of the prisoner, it is material to state that his conviction is after 18-12-1978 and Section 433-A is therefore applicable to him.

(2.) ALTHOUGH the prisoner has mentioned in his application that he has completed 10 years of imprisonment without any remission or facility, it is not in dispute that he has actually completed 12 years and 19 days of actual imprisonment as on 31st of July 1991 without any remission. The learned Counsel for the State has fairly pointed out to us that as on the above date the period of 4 years and 5 months is credited to the prisoner by way of remission, including the State remission which would make his sentence more than 14 years inclusive of remission.

(3.) THE learned Counsel for the State has urged that a similar application filed by the prisoner was dismissed by this court by an order dated 8-12-1989, i. e. the prisoners Misc. Criminal Application No. 85 of 1989. The learned counsel for the prisoner has however, brought to our notice that at that time the judgment of the Supreme Court on the basis of which the prisoner is claiming premature release by this application was not there and therefore, he is now claiming premature release on the basis of and in terms of the said judgment. The question, therefore, is whether the prisoner is entitled to premature release as per the above Judgment of the Supreme Court.