BHAGWAN ANNA ARBUNE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is a petition by a life convict for his premature release from the prison.

(2.) BEFORE we proceed to examine the questions of law of somewhat importance raised in the present petition, it is necessary to state briefly the factual background of the case. The petitioner was tried along with three others for the offences under Ss. 302, 307, 327 read with S. 34 of the Indian Penal Code. The Sessions Court, recording conviction under Ss. 302 and 307 read with S. 34, sentenced the petitioner to life imprisonment. The petitioner is presently undergoing life imprisonment in the Yerawada Central Prison.

(3.) THE Petitioner was released on parole on, in all, five occasions. On two occassions, the Petitioner surrendered to the jail authority within the prescribed time but serious defaults were committed by him in respect of the remaining occasions when he was released on parole, firstly in 1980, secondly in 1981 and thirdly in 1984. On the first occasion, the petitioner reported late by 11 days. For this breach of the condition a punishment of forfeiture of 33 days earned remission was imposed. On the second occasion the Petitioner reported late by 92 days. The prison authorities imposed a punishment of forfeiture of 165 days of earned remission and further removal from remission system for a period of two years and ten months. Subsequently, however, this punishment was reduced to forfeiture of remission of 60 days as the previous permission of the Inspector General was not obtained. On the third occasion, when the Petitioner was released on parole, he did not surrender at all and finally he was arrested by the police after the expiry of 449 days. As regards the said prison offence, the jail authorities have imposed punishment of forfeiture of earned remission of 156 days and further penalty of removal from the remission system for the period of 10 years and 8 months. Having regard to the punishment imposed on the Petitioner, and more particularly the last punishment of forfeiture of earned remission of 156 days and removed from the remission system for the period of 10 years and 8 months, the period of total imprisonment to the credit of the Petitioner is 14 years 9 months and 19 days as on 30/10/1992. There is no dispute that the Petitioner is liable to be released on completion of 18 years under the Guidelines framed by the State Government on 18/11/1978.