DINESH SURESH DABADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Petitioner seeks quashing and setting aside of the order dtd. 23/10/2024 passed by the Respondent No.2, the Secretary, Home Department of Prisons and a direction, that the Petitioner be placed in the category 3(b) of the Guidelines for Premature Release under the '14 years Rule' of Prisoners serving life sentence dtd. 15/3/2010. He seeks further direction to the Respondent No.2 to decide the premature release application expeditiously and/or his release.

(2.) The Petitioner was convicted by the learned Sessions Judge, Sewri, Mumbai for the offence punishable under Sec. 302 of the Indian Penal Code in Sessions Case No.137 of 2005 by judgment dtd. 24/3/2006 and is sentenced to suffer life imprisonment. The Petitioner challenged this judgment passed by the said Court before this Court in Criminal Appeal No.1097 of 2006. This Court dismissed the Appeal by judgment and order dated 18 th June 2015 and held that the prosecution has proved its case beyond reasonable doubt against the Petitioner. This Court has also recorded that the cause of death was "hemorrhage and shock due to multiple injuries" and that "injury no.5 - the compound fracture on the head and injury no.6 - linear abrasion on the neck region, are possible due to assault by hard and blunt substance, like, the iron rod used in the commission of the offence". Thus, this Court has confirmed the said offence to be a crime committed with exceptional violence.

(3.) The Petitioner is presently confined in Central Jail Yerwada, Pune. The Petitioner claims to have undergone 19 years and 2 months of incarceration.