NANABHAU CHORMALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS writ petition is filed by the prisoner No. C-707 1 Nand Bhau Chormale who is confined in the District Open Prison, Yerwada, Pune, for premature release under 'fourteen years' rule applicable to the prisoners undergoing life imprisonment as laid down under the Government Letter No. RLP/1092/13/352/prs-13 dated 11th May, 1992.

(2.) IT is submitted by the petitioner that he was tried for offence under Section 302 of the Indian Penal Code for multiple murders in Sessions Case No. 94/1981. He was convicted by the judgment and order dated 20-3-1982 passed by the Additional Sessions Judge, Ahmednagar and sentenced to death. The petitioner filed appeal in the High Court but the appeal was dismissed. Then the petitioner filed special leave petition before the Supreme Court but it was dismissed. The petitioner, however, filed mercy petition before the President of India. The mercy petition was granted on 6-7-1988 and the death sentence was commuted to life imprisonment. Thus, the petitioner has been undergoing sentence of life imprisonment.

(3.) THE petitioner further submits that he was serving in Army and was awarded five medals for excellent job done by him during the wars of 1965 and 1971 against Pakistan. It is also submitted that the incident for which he was convicted had occurred in peculiar circumstances and he was a victim of circumstances. He got four sons and one daughter. He has to maintain his wife and family. The petitioner further submits that his conduct in jail is very good. He also availed parole and furlough leave from time to time and he has not misused the same. The petitioner, therefore, submits that since he has undergone actual sentence of 16 years including remission he is entitled to be released from jail under "fourteen years" rule. In this regard it is submitted that in case of one Shivaji Chougule and Ramdas Patil who were sentenced to death but subsequently given life imprisonment were released after fourteen years under the Prisoner's Manual and the Circular dated 16-11-1978. It is thus submitted that the Circular issued on 11-5-1992 under Section 433-A of the Code of Criminal Procedure applies to the facts of the case of the petitioner and he is entitled to be released from jail as he has completed more than 14 years. The petitioner, therefore, seeks Writ or direction in the nature of Writ of Mandamus requiring the respondents to release him from jail on such terms and conditions as this Court may deem fit and proper in the facts and circumstances of the case.