NETAJI PURSOTTAM BAHIRE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioner Netaji Bahire is undergoing life imprisonment in Yerawada Central Jail, Pune. In Sessions Trial No. 1 of 1977, decided on 31st May, 1978 by the Sessions Judge, Ratnagiri, he was convicted for an offence under Section 302 read with Section 303, Indian penal Code and sentenced to life imprisonment and rigorous imprisonment for one year.

(2.) THE petitioner is a resident of village Kuveshi, Taluka Rajapur, district Ratnagiri. He had applied for parole leave, which was granted. He was released for 10 days on 23rd October, 1981 and upon his request the said leave was extended twice for the same period. He did not surrender in time. After a lapse of period of little more than two years-to be exact on 4th January, 1984-he was arrested by Yellow Gate Police Station, Bombay for an offence under Sections 380 and 447, Indian Penal Code for which he was sentenced to rigorous imprisonment for one month by the Metropolitan magistrate, Bombay. For not surrendering in jail after expiry of the leave disciplinary proceedings were initiated against him by the Jailor under Section 46 read with Section 48-A of the Prisons Act as a result, punishment of forfeiture of earned remissions for 330 days and permanent removal from remission system was imposed upon him.

(3.) BY this petition, he has sought premature release on the basis of the old guidelines, dated 16th November, 1978 issued by the Government for premature releases under the '14 Year Rule' of prisoners serving lite sentences. It is common ground that the crime committed by the petitioner falls under Category 3 (b) for which 18 years period of total imprisonment including remissions is specified. Though he has completed that period, he has not been released because, according to the respondents, he falls in the category of 'escapees'-for which the 24 years period of imprisonment is specified. We reproduce for ready reference the said category :- (6) Escapees : prisoners who have escaped from 24 years lawful custody while undergoing (Twenty Four Years)imprisonment or who absconded while on parole or furlough. "