1 appw.265.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.265 OF 2010 IN CRIMINAL WRIT PETITION NO.491 OF 2010 Ramjan Ali Abdul Rajjak Khan ...Applicant Versus The State of Maharashtra ...Respondent ...... Ms.Indu Varma, Appointed Advocate for Applicant. Mr.D.P.Adsule, A.P.P. for Respondent. ...... CORAM:- A.M.KHANWILKAR AND U.D.SALVI, JJ. DATED:- AUGUST 25, 2010. P.C. 1. Heard appointed Counsel for the Petitioner and the learned A.P.P. 2. By this jail Petition, it is prayed that Respondent be directed to release the Petitioner prematurely on account of the fact that he has already undergone sentence of over 18 years and 7 months. The learned A.P.P. has produced report from the Superintendent, Yerwada Central Prison where the Petitioner has been lodged. It mentions that the Government vide order dated 31st January 1996 has decided to release the Petitioner on completion of 26 years inclusive of remission period considering the nature of offence 2 appw.265.10.sxw committed by him. The report further indicates that as on 31st July 2010, the Petitioner has undergone only 20 years 7 months and 10 days of imprisonment inclusive of remission period. In that sense, the Petitioner is not due for being released as of now. The Petitioner has not challenged the correctness of order dated 31st January 2006 passed by the State Government before us. So long as the said order operates, the Petitioner can be released only on completion of 26 years of imprisonment period inclusive of remission. Accordingly, Petition is disposed of. 3. The Court expresses word of gratitude for the able assistance given by the appointed Counsel in espousing the cause of the Petitioner. 4. Copy of this order be forthwith forwarded to the Petitioner, who is in jail. (U.D.SALVI, J.) (A.M.KHANWILKAR, J.)