KUNDLIK BHANUDAS GAVHAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By way of Criminal Writ Petition No.465 of 2017, petitioner Kundlik Bhanudas Gavhad, a convict presently lodged in Central Prison, Aurangabad prayed for directions to release him submitting before this Court that he has undergone imprisonment as per the Government guidelines and further prayed for directions to decide 14th years proposal expeditiously. During pendency of the petition, certain events occurred namely, order is passed by respondent State on 13th June, 2017 placing the petitioner in clause (6) of the Government Guidelines dated 16th November, 1978. The petition is amended and the petitioner, by way of amendment, refers the order dated 13th June, 2017.

(2.) In Criminal Writ Petition No. 1622 of 2017, the petitioner - convict Shaikh Amin Shaikh Bapu raises challenge to the order passed by State Government through Secretary, Home Department, dated 23rd October, 2017, whereby State Government cancelled premature release and it was directed in the said order that petitioner Shaikh Amin Shaikh Bapu be brought back to the prison and further it was ordered that petitioner Shaikh Amin Shaikh Bapu, after completing imprisonment of 14 years, be granted benefit of remission and his case be considered for premature release.

(3.) Petitioner Shaikh Amin Shaikh Bapu is approaching this Court on the backdrop of peculiar circumstances. He was convicted for the offence punishable under Sections 147 , 148 , 149 read with Section 302 of the Indian Penal Code and sentenced to suffer imprisonment for life. The appeal filed by him came to be dismissed. After completing 14 years imprisonment, proposal for his premature release was submitted to the competent authority and same was pending for considerable long time before the authority, as such, petitioner Shaikh Amin Shaikh Bapu approached this Court by filing Criminal Writ Petition No. 267 of 2016 seeking directions to decide the proposal.