1 cri-wp-1879-10 pdp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1879 OF 2010 Bharat @ Velji Govindji Panchal .. Petitioner Vs. The State of Maharashtra and anr. .. Respondents Mr. N. N. Gavankar i/by Mr. Arfan Sait for petitioner. Mrs.S.D. Shinde, APP for State. CORAM: B. H. MARLAPALLE & ANOOP V. MOHTA, JJ. August 03, 2010. P.C. 1. Mrs. Shinde, the learned APP, has placed before us a copy of the order dated 30/7/2010 passed by the Government of Maharashtra, through its Home Department and in favour of the petitioner regarding his premature release on completion of the sentence. A copy of the said order has already been forwarded to the Superintendent, Yerwada Central Prison, 2 cri-wp-1879-10 Pune. 2. As per the said order, the Government of Maharashtra has decided to remit the portion of the sentence of imprisonment of life which is in excess of 18 (eighteen) years of total imprisonment, including all remissions and subject to the completion of actual imprisonment of 14 years and, therefore, the impugned order dated 29/4/2010 passed earlier ceases to operate as of now. 3. Additional grievance which is sought to be agitated by the petitioner is that his under-trial period of imprisonment of 11 months and 20 days i.e. from 18/8/1979 to 7/8/1980 has not been taken into consideration while counting the total period of imprisonment. 4. We direct that the Superintendent, Yerwada Central Prison, Pune shall take into consideration the said period of 11 months and 20 days by giving the benefit of set off within the meaning of Section 428 of Cr. P.C. so as to release the petitioner prematurely in pursuance of the recent order dated 30/7/2010 and take appropriate steps forthwith. 3 cri-wp-1879-10 5. Petition is disposed off in terms of the above directions. 6. All concerned to act on an authenticated copy of this order. (ANOOP V. MOHTA,J.) (B. H. MARLAPALLE, J.)