1 16WP.2606-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2606 OF 2011 Kailash Vishnu Vidhate. ..Petitioner. Vs. The State of Maharashtra and another. ..Respondents. .......... Mr. N.N. Gavankar, i/b. Ms. Sharon Patole, Advocate for the Petitioner. Ms. M.H. Mhatre, A.P.P. for the State. .......... CORAM : A. M. KHANWILKAR AND P. D. KODE, JJ. DATED : 20th OCTOBER, 2011. P.C. 1. Heard Counsel for the parties. 2. Rule. By consent, rule is made returnable forthwith. Learned A.P.P. waives notice for the respondents – State. 3. The short question that arises for our consideration is that the Appropriate Authority (i.e. Desk Officer, Home Department, Government of Maharashtra) having found that the petitioner's case was covered by Category No.4(c) of the Guidelines dated PPD 2 16WP.2606-11 11.4.2008, ought to have extended the benefit of the sentence period specified for the category No.4(b) of the Guidelines of 2010 dated 15th March, 2010. In that, as per the Guidelines of 2008 all the convicts covered under category No.4(c) were required to undergo sentence period of 24 years including the remission; whereas as per the Guidelines of 2010 under category No.4(b), which is equivalent to category No.4(c) of the Guidelines of 2008, the sentence period is specified as 22 years with remission. 4. This legal position is no more res integra. The Apex Court in the case of Union of India Vs. Jagdish reported in (2010) 4 SCC 216, has expounded that the convicts should be given benefit of the more liberal policy of the Government which can be applied at the time of consideration of his proposal for premature release. 5. Accordingly, we allow this Petition. The impugned order passed by the Appropriate Authority dated 23rd January, 2009 is quashed and set aside. Instead the petitioner is relegated before the Appropriate Authority for consideration of his proposal, to be decided on its own merits in accordance with law. The Appropriate Authority shall decide the proposal afresh within six weeks from 3 16WP.2606-11 receipt of copy of this order. All questions, to be decided by the Appropriate Authority, are left open. Rule made absolute accordingly. (P. D. KODE, J.) (A. M. KHANWILKAR, J.)