HAMID RAHIM KHATIK Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned counsel Mrs. A.N.Ansari for the Petitioner and learned A.P.P. Mr. K.B. Chaudhari for the Respondents.

(2.) Rule. By consent of the parties, rule is taken up for hearing forthwith.

(3.) The Petitioner seeks to quash and set aside the order passed by the Respondent No.2, dated 28th September, 2006, in relation to premature release of the present Petitioner. It is undisputed fact that the Petitioner was accused No.1 in Sessions Case No.1 of 1993 along with three other co-accused persons. Sessions Case No.1 ot 1993 ended in conviction and sentence of life imprisonment and to pay a fine of Rs.100/-, each, in default R.I. for two years in relation to present Petitioner/ Accused No.1 and three other accused persons, by the learned Additional Sessions Judge, Amalner, district Jalgaon. The present Petitioner, along with other three co-accused persons, had filed Criminal Appeal No.114 of 1994 in this High Court. This Court, after hearing the parties, allowed the appeal. However, the conviction of the present Petitioner, who was accused No.1 and original Accused No.2 was maintained for the offence under section 302 read with section 34 of Indian Penal Code and their appeal was dismissed by this Court, by the judgment dated 30th September, 1998 in Criminal Appeal No.114 of 1994. The Petitioner/ convict is undergoing the conviction and sentence inflicted upon him. At present, the Petitioner is in Central Prison, Nashik Road, Nashik. The learned counsel for the Petitioner submits that the case of the Petitioner cannot be said to have been goverened by guideline No.3 (c) i.e. "murder resulting from trade union activities and business rivalry".