KISHORE TUKARAM MANJREKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS petition is filed by the prisoner who was convicted in Sessions Case No. 233 of 1974 by the learned Additional Sessions Judge, under S. 302 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for life. The order of conviction was recorded on Feb. 6, 1975. The prisoner is detained in pursuance of the order in Yeravada Prisun. The prisoner claims that he has completed period of 14 years including remissions and he is therefore entitled to be released forthwith.

(2.) THE claim is resisted on behalf of the State Government and it is claimed that the case of the petitioner was considered and it was decided that the petitioner must undergo sentence of 22 years including remissions before release. The claim made on behalf of the State Government is correct and deserves acceptance. The Jail Department of the State Government has issued guidelines on Nov. 16, 1978 in respect of premature release under 14 years rule of prisoners serving a life sentence. Various categories of the prisoners are set out in the guidelines and different categories are made on the basis of the nature of the crimes. The category No. 4 refers to hardened criminals and includes prisoners whose crimes form part and parcel of other criminal activities like theft, smuggling or breaking of other laws. In respect of this category, the prisoner is required to undergo imprisonment for 22 years including remissions.

(3.) IN the present case the prisoner was convicted in respect of violent act arising out of sale of black market tickets outside cinema house in Bombay. The prisoner used Rampuri knife and gave blows on the chest of the deceased resulting into instant death. In our judgement, the contention of the State Government that the case of the prisoner falls within category 4 of the guidelines is correct and deserves acceptance. The relief sought by the prisoner therefore cannot be granted.