Dixit 1 WP-2847-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2847 OF 2011 Aakkatai Datta Salgar ... Petitioner (wife of the convict Datta Maruti Salgar) V/s. The State of Maharashtra ... Respondent Through Jail. Mr. V.B. Konde­Deshmukh, A.P.P., for the Respondent­State. Mr. Rahul Zutale, Jailor Gr. II, Kolhapur Central Prison, present in person. CORAM : A.M. KHANWILKAR & R.G. KETKAR, JJ. DATE : 18 TH NOVEMBER, 2011. P.C. : 1. This Petition is received through jail. It appears that the Petitioner is undergoing sentence of life imprisonment. He has already undergone ten years of actual imprisonment. He has attained age of 69 years. The Petitioner has sought direction against the Respondent to release him prematurely. As per the extant regulations, the minimum actual sentence to be undergone by the convict is 14 years and compliance of other guidelines. The fact that convict has attained age of 69 years by itself can be no basis to release him prematurely. Even the circular Dixit 2 WP-2847-11 issued by the Home Department dated 10th January, 2006 pressed into service by the Petitioner will be of no avail. That envisages that the convict should fulfill all the conditions referred to therein such as having attained age of 65 years and also having undergone actual sentence period of 14 years. In this view of the matter, the request of the Petitioner to direct the Respondent to release him prematurely cannot be countenanced. 2. The other grievance noticed from the letter Petition is that the convict is suffering from serious ailment. That, once again, cannot be the ground for premature release. No Government Policy is brought to our notice which permits premature release of convict in case of serious ailment. In any case, the Chief Medical Officer, Mumbai Central Prison, Mumbai has reported that the convict is being provided sufficient medical treatment at J.J. Hospital, Mumbai, as and when required. His clinical diagnosis as per Neurologist is vascular disorder. The convict is being provided with necessary medical facility and help in that regard by the Jail Authorities. As a result, nothing further can be done in the fact situation of the present case. 3. We dispose of this Petition with observation that as and when the convict Datta Maruti Salgar becomes eligible for premature release, his case may be considered by the concerned authorities expeditiously. Dixit 3 WP-2847-11 4. Petition is disposed of on the above terms. 5. Copy of this order be forwarded to the convict, who is in jail, as well as to the Petitioner, for information. [R.G. KETKAR, J.] [A.M. KHANWILKAR, J.]