ARUN GULAB GAWLI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. Rule. Rule is made returnable forthwith and by consent of the learned Counsel for the parties, the Writ Petition is taken up for final disposal.

(2.) By this petition the petitioner, who has been convicted under the provisions of the Maharashtra Control of Organized Crime Act, 1999 (hereinafter referred to as "the MCOC Act" for short), is seeking his premature release on account of the remission policy dtd. 10/1/2006, which was prevailing on the date of his conviction dtd. 31/8/2012. The petitioner claims to have been complied with all the conditions of the policy of the year 2006, and thus, the rejection by the respondent Authorities is unjust, arbitrary and is liable to be set aside.

(3.) The petitioner has been convicted for the offences under the provision of the MCOC Act, vide judgment and order dtd. 31/8/2012. By the time the petitioner has served actual imprisonment for 14 years. The petitioner has completed 65 years of age and he has been certified as weak by the Medical Board making him eligible for availing the benefit of the policy of the year 2006.