1 wp3548.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Criminal Writ Petition No. 3548 of 2010 Shankar Ram Mhatre ..Petitioner v/s. The State of Maharashtra & anr. ..Respondents Mr. N. N.Gavankar i/b. Arfan Sait for the petitioner. Mr. A.S. Gadkari – APP for the State. CORAM:- A.M.KHANWILKAR & A.P. BHANGALE, JJ DATED :- DECEMBER 21, 2010. P.C. This Petition under Article 226 of the Constitution of India takes exception to the order passed by the Respondent no.1 dated 17th May, 2010 on the proposal regarding pre-mature release of the Petitioner. The Respondent No. 1 applying the guidelines of 1992 has placed the Petitioner under Category No. 3(b). According to the Petitioner, the Respondent No. 1 ought to have considered the claim of the Petitioner, keeping in mind the latest guidelines of 2008 which are more beneficial to the Petitioner. 2 wp3548.10.sxw 2. To buttress this submission, reliance is placed on the case of State of Haryana v/s. Jagdish reported in 2010 (4) SCC 216. We are in agreement with this submission. 3. In the circumstances, the impugned order is set aside and instead the proposal regarding pre-mature release of the Petitioner is restored to the file of the Respondent No. 1 for reconsideration on its own merits keeping in mind the observations of the Apex Court in the above mentioned reported case. 4. We hope and trust that the Respondent No. 1 will be able to dispose of the said proceedings as expeditiously as possible and preferably within ten days from today. We are inclined to issue such directions to the Respondent no. 1, considering the fact that if the Petitioner succeeds in his contention, may have to be released forthwith as he would have had already completed his sentence term. Even if the Petitioner were to fail, as is rightly pointed out by the Learned APP, he would be released on 1st February, 2011 provided the Petitioner does not indulge in any offence until that day. 3 wp3548.10.sxw 5. Accordingly, Petition is disposed of on the above terms. (A.P.BHANGALE, J) (A.M.KHANWILKAR, J)