1 273911 IN THE HIGH COURT OF JUDICATURE AT BOMBAY vgm CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITON NO. 2739 OF 2011 Mangala Rajjyu Patel ...Petitioner V/s. The State of Maharashtra & Anr. ...Respondents WITH CRIMINAL WRIT PETITON NO. 2741 OF 2011 Hamidabi M. Jamkhandi ...Petitioner V/s. The State of Maharashtra & Anr. ...Respondents Mr. D.G. Khamkar for the Petitioners Mr. V.B. Konde-Deshmukh, A.P.P., for the State in Criminal Writ Petition No. 2739 of 2011 Mr. P.S. Hingorani, A.P.P., for the State in Criminal Writ Petition No. 2741 of 2011 CORAM: A.M. KHANWILKAR AND P.D. KODE , JJ. DATE: OCOTBER 14, 2011 P.C.:- Heard the counsel for the parties. 2 273911 2. Rule. Rule is made returnable forthwith by consent. The learned A.P.Ps. waive notice for the State. 3. As short question is involved, petitions are taken up for final disposal forthwith, by consent. 4. The short question raised in these petitions is that the Appropriate Authority committed manifest error in placing the petitioners under Category 1(d) of the Guidelines of 2010. Instead, the petitioners ought to have been placed under Category 1(b) of the Guidelines of 1992. It is for offence committed against a person with pre-meditation. Original Category 1(d) of 1992 Guidelines has been re-scheduled as Category 1(b) in 2010 Guidelines in respect of crime by women, who are convicted for having committed murder with pre-meditation or by gang. This aspect of the matter has been glossed over by the Appropriate Authority. By now, it is well-established position that, while deciding the proposal for premature release, the Appropriate Authority has to apply the Guidelines, which are more beneficial to the convict at the relevant time. [See State of Haryana & Ors. v. Jagdish, reported in (2010) 4 SCC 216.] 3 273911 5. Accordingly, we set aside the impugned decisions in the petitions, and, instead, relegate the petitioners before the Appropriate Authority for re-consideration of the matter afresh, in the light of the decision of the Apex Court, referred to above. The Appropriate Authority shall decide the proposal as expeditiously as possible, in any case not later than eight weeks from today. All questions are left open. P.D. KODE, J. A.M. KHANWILKAR, J.