MAHIPATI ANTU JADHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) I have heard learned Advocate Shri.Hrishikesh Chavan for the Applicant and learned APP Shri.N.B.Patil for the Respondent-State on more than one occasion.

(2.) He has moved this Application on behalf of the Applicant on the basis of the scheme titled as 'Release_UTRC@75 ' framed by National Legal Services Authority. There are various categories. He placed reliance on Category No.16 which says 'Those undertrials who are above 65 years of age '.

(3.) He has taken me through various categories as per the scheme. Broadly, the categories can be divided into two divisions. One is the persons who are convicted and who are languishing in jail and second is those who are waiting for the turn for the trial. Amongst the undertrial prisoners, there are various categories depending upon the nature of offence, type of punishment, medical health, gender, age group. There are certain categories which nowhere says about the nature of offence or period of their detention as an undertrial prisoner. The present category is one of such category which only mentions about the age of undertrial prisoner.