ADAM SAYED MASTER Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD learned Counsel for the parties. Rule. By consent rule made returnable forthwith.

(2.) THIS petition has been preferred from jail by the petitioner, who vide judgment and order dated 17-6-1985 passed by the Additional Sessions Judge, Greater Bombay, in Sessions Case No. 229 of 1984 was convicted under sections 397 I. P. C. and 302 I. P. C. and sentenced to undergo 7 years R. I. under the first count and to imprisonment for life under the second count, the sentences to run concurrently. It is prayed that since he has already served a period of about 14 years and he has some family problems, the period of 26 years which he is to serve be set aside and he be directed to be released.

(3.) MR. G. J. Kulkarni, the Desk Officer, Home Department, Mantralaya, Mumbai, on behalf of the State of Maharashtra has filed an affidavit dated 13-8-1998, detailing therein in paragraph 8, that including remissions the petitioner has served 21 years two months and three days. In para 10 of the said affidavit it has been mentioned that the case of the petitioner falls under Clause 5 (a) of the revised guidelines, date 11-5-1992. The revised guidelines provide that if a prisoners case was within guidelines 5 (a) i. e. "murders committed by dacoits and robbers in the act of committing dacoities and robberies" he would, including the set off, undergo 26 years of imprisonment.