NANA BHAU CHORMALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS writ petition is filed by the prisoner No. C-7071 Nana 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.) WE have heard Mr. Dhorde and Mr. Dighe, learned counsel for the petitioner and Mr. K. B. Choudhary. learned Additional Pubic Prosecutor for the State. The provisions of Sections 432 and 433-A of the Code of Criminal Procedure came up for consideration by the Supreme Court in number of cases. It is not in dispute that category No.7 (a) of the guidelines issued for premature release under 'fourteen years' rule applies to the prisoners whose death sentence is reduced to life imprisonment. Category No.7 (a) reads as under : Period of imprisonment to be undergone including remissions subject to a minimum of 14 years of actual imprisonment including set-off period. 7.Death Sentence commuted to life imprisonment. There is no dispute that these guidelines are issued in view of the amendment to the Code of Criminal procedure and the introduction of Section 433-A of the Code of Criminal Procedure (Amendment) Act, 1978, imposing restriction on the powers of the appropriate Government to remit sentences of the prisoners convicted after 18.12.1978. That means the guidelines issued by the letter dated 16.11.1978 to which reference is made by the petitioner in the writ petition have no application. Therefore, in the revised guidelines which are in consonance with section 433-A of the Code of Criminal Procedure, the period of imprisonment to be undergone by the petitioner is 30 years including remission. There is also no dispute that if the period of 30 years is to be taken into account the petitioner's request for premature release is premature.