1 217211 vgm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITON NO. 2172 OF 2011 Shivaji Mahadev Patil ...Petitioner V/s. The State of Maharashtra & Ors. ...Respondents Mr. N.N. Gavankar, amicus curiae Mrs. M.H. Mhatre, A.P.P., for the State CORAM: A.M. KHANWILKAR AND R.G. KETKAR, JJ. DATE: NOVEMBER 28, 2011 P.C.:- This letter-petition is received through jail. 2. The petitioner claims that he is a senior citizen. He further asserts that, because of his illness, he deserves to be released from jail prematurely. 2 217211 3. The petitioner has been convicted for offence punishable under Section 302 of the Indian Penal Code, and is undergoing life sentence. As on 31st August, 2011, he has undergone sentence of 9 years, 4 months and 29 days. The question is: whether the illness of the petitioner is of such severity that his release is desirable? 4. Rule 27(ii) of the Maharashtra Prisoners (Review of Sentence) Rules, 1972 stipulates that where a Medical Officer considers that any prisoner is in danger of death from illness other than acute infectious disease, and that the illness will be aggravated by keeping him in the prison, and that the prisoner’s release is desirable, he shall send a certificate to that effect, together with a detailed report of the case to the Superintendent. 5. In the present case, the Medical Officer has submitted his report dated 8th September, 2011. In his opinion, the ailment suffered by the petitioner is of left eye immature sunile cataract, old case of cerebro vascular accident and known case of hypertension with old CVA. The reply-affidavit points out that the petitioner has been and is being provided with sufficient medical facility and care with regard to his ailment. Moreover, no ailment referred to above poses a danger of 3 217211 death to the petitioner. That is the opinion recorded by the competent officer. 6. As a result, the petitioner is not eligible for premature release on the basis of Rule 27 of the aforesaid Rules. As and when the petitioner completes his 14 years’ actual imprisonment period, we have no manner of doubt that the Appropriate Authority would consider his case for premature release, including under the policy pertaining to senior citizens, subject to the petitioner fulfilling other conditions of the extant regulations. 7. The petition is disposed of on the above terms. 8. The Court expresses a word of gratitude for the able assistance given by the learned amicus curiae. 9. Copy of the order be forwarded to the petitioner, who is in jail, for his information. R.G. KETKAR, J. A.M. KHANWILKAR, J.