SHRISHAIL NAGAPPA PAARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE Petitioner was making a grievance against the order of conviction and sentence of life imprisonment awarded to the Petitioner in Sessions Case No.134 of 1980, dated 2nd April, 1981 of the Court of Session Judge, Solapur. He had filed the Criminal Appeal No.423 of 1981 against the order of conviction before this Court. The State had also filed the Appeal No.854 of 1981 of enhancement to death sentence.

(2.) IN all there were four accused Three of them were granted bail during the pendency of the appeal and the remaining accused had undergone sentence right from the date of conviction and probably even prior to that.

(3.) SUM and substance of the Petition is that for no fault of the Petitioner, the order of this Court in the Appeal has not been carried out either by the High Court staff or by the Sessions Court staff and, in the process, he has remained out of the jail for the entire period of 9 years and little more. Almost after 10 years, if he is required to undergo sentence, according to him, it would be illegal, without due process of law and he cannot be made to undergo sentence.