RONALD JAMES ALVARES Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Mr. Jaiswal, learned Advocate for the petitioner and Mr. Shrikant Yadav, learned APP for the respondents - State.

(2.) By the present writ petition filed under Article 226 of the Constitution of India, the petitioner challenges the legality and validity of the order dtd. 19/9/2025 passed by the Under Secretary, Home Department, State of Maharashtra in exercise of powers under Sec. 433A of the Code of Criminal Procedure, 1973 (for short, "Cr.PC"). By the said order, it has been directed that the petitioner be released after completion of 14 years of actual imprisonment and 30 years of imprisonment with remission and the petitioner was directed to further undergo imprisonment for 10 years and to pay a fine of Rs.200.00, in default to undergo imprisonment for one month, for the offence punishable under Sec. 376(2)(g) of the Indian Penal Code, 1860 (for short, "IPC").

(3.) It is the submission of Mr. Jaiswal, the learned Advocate for the petitioner, that the Supreme Court imposed punishment of life imprisonment upon the petitioner and further directed that the sentences for the offences for which the petitioner was convicted, except under Sec. 376(2)(g) of the IPC, shall run concurrently and the sentence under Sec. 376(2)(g) of the IPC shall run consecutively, after serving the sentences for the other offences. It is submitted that the Supreme Court directed that after completion of the life imprisonment, the petitioner shall undergo the sentence of 10 years' of imprisonment imposed under Sec. 376(2)(g) of the IPC.