SUNIL LAXMAN GHODE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this Petition under Article 226 of Constitution of India, the Petitioner (Original Accused No.2) has impugned Order dtd. 29/8/2024, passed by the Competent Authority of Home Department of Government of Maharashtra thereby placing Petitioner in Category 4(d) of 15/3/2010 Guidelines for premature release under the "14 Year Rule" of prisoners serving life sentence (said 2010 Guidelines). By categorizing the Petitioner and placing him in Category 4(d) of said Guidelines, the Petitioner has to undergo twenty-four years of imprisonment including set off period.

(2.) Heard Mr. Karthik Rajasekhar, learned Advocate for the Petitioner appointed by the Legal Aid Committee and Smt. P. P. Shinde, learned APP for Respondent No.1-State. Perused entire record produced before us.

(3.) It is the case of the prosecution that, the sister of Petitioner was having love affair with one Raju Kulthe. Raju Kulthe was friend of deceased Kapil Lad. On the date and time of incident, Accused No.1 i.e. father of Petitioner, Petitioner and two of his other friends were searching Raju Kulthe. They enquired with Kapil Lad about the whereabouts of Raju Kulthe, however, he did not divulge them anything. The accused persons therefore abducted Kapil Lad and during transit committed his murder and decamped his body near Daruwala Petrol Pump, Chandori, District Nashik. It is the further case of prosecution that, the daughter of Accused No.1 and sister of the Petitioner was already married and was having illicit relations with Raju Kulthe.