BABAN BAJI SATAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE . Mr.Mirza, learned Addl.P.P. waives service. By consent, rule is made returnable forthwith.

(2.) BY this petition under Article 226 of the Constitution, the petitioner is seeking premature release from the prison. In short, the petitioner's case is that as per the guidelines framed by the State Government under section 432 of the Code of Criminal Procedure, the petitioner is entitled for the premature release after completion of 26 years of imprisonment including remissions. The petitioner contends that his case falls under clause 3(d) of the guidelines framed by the State Government. Clause reads as follows :

(3.) MR . Mirza, learned Addl, P.P. stated that the prison authorities have decided that the petitioner's case would be covered by clause 5(b) and as such he is entitled to be released only after 28 years. Mr. Mirza therefore, submitted that the petition filed by the petitioner is liable to be dismissed.