UTTAM NATHA DEORE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is a petition by two convicts who are serving life sentence in the Central Jail, Harsool, Aurangabad, having been convicted for an offence of murder.

(2.) IT is necessary to summarise the facts leading to this petition. It is alleged that in the night of September 9, 1980, petitioners and other accused committed murder of one Ambadas gite. One of the co-accused Tulsiram was granted pardon by the trial Court and became the prosecution witness. Both the present petitioners were sentenced to death and their Appeal No. 841/1981 along with the Confirmation Case No. 5/1981 was heard by a Division Bench of this court. The Division Bench was pleased to commute the death sentence into the life imprisonment, but did direct that they shall not be released from jail until they complete at least a period of 25 years in prison notwithstanding the remissions and concessions earned by them. This order was passed by the Division Bench of this Court on 28th january, 1982.

(3.) THE present petitioner No. 2-Kaduba had filed a Criminal Writ Petition No. 310/1996 in which he had prayed for the directions to the state Government to consider the claim of premature release. The petition was disposed of by giving directions to State Government to consider the claim. Since the State Government rejected the claim, petitioner No. 1-Uttam filed a petition before this Court being Criminal Writ Petition No. 362/1996 which was rejected by this Court in view of the judicial order passed by the Division Bench referred to above. The present petition prays for quashing the directions of this Court in the order dated 28-1-1982 not to release the petitioners before they suffer the actual imprisonment of 25 years notwithstanding any remissions and concessions, and repeats the prayer that they be released prematurely applying them the appropriate clause of the guidelines.