KAILASH PAPADAS KURIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Ms. Kalshi, Amicus Curiae for the petitioner and Shri Yengal, learned Additional Public Prosecutor for the respondent/ State.

(2.) The convict Kailash Papadas Kuril addressed a letter dated 8-3-2002 to this court which was treated as Criminal writ petition.

(3.) It is the contention of the petitioner that he was sentenced to suffer imprisonment for life by the 2nd Additional Sessions judge, Wardha, by judgment and order dated 19-3-1987, for having committed offence punishable under section 302 of the indian Penal Code. It is his contention that from 10-6-1986 he is in custody and by virtue of the set off granted to him under section 428 of the Code of Criminal Procedure his date of commencement of the sentence will have to be w. e. f. 10-6-1986. Further after his conviction he was placed by the state in category 6 (a) of the Guidelines, whereas the period of imprisonment to be undergone including remission subject to 14 years of actual imprisonment including the set off period was 24 years.