ANKUSH BHARAT GAIKWAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. Rule. Rule is made returnable forthwith. At the joint request of the parties, the matter is heard finally at the stage of admission.

(2.) The petitioners who are suffering sentences of life imprisonment, respectively, for causing murder and who have undergone more than 22 years of imprisonment including the remission, are seeking remission of remainder of the sentence under sec. 432 of the Code of Criminal Procedure and in accordance with the policy of the state government pronounced on 15/3/2010.

(3.) The Secretary of Home Department (Prison) who is the respondent no. 2 has taken a decision on behalf of the respondent no. 1 and has placed the petitioners in category 5(b) of the 2010 guidelines which prescribes for 26 years of incarceration, whereas the petitioners' claim that they should have been placed in category 3(b) which provides for 22 years of imprisonment.