1 wp21711 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 217 OF 2011 Chintaman Sitaram Kedari ...Petitioner V/s. The State of Maharashtra & Anr. ...Respondents Mr. N.N. Gavankar i/by Mr. Arfan Sait for the Petitioner Mr. K.V. Saste, A.P.P., for the State. CORAM: A.M. KHANWILKAR AND A.R. JOSHI, JJ. DATE: 2ND FEBRUARY, 2011 P.C.:- The grievance made in this petition is that the Appropriate Authority has discriminated between the accused persons involved in the same offence. In that the co-accused Shankar Ram Mhatre has been ordered to be released on completion of 14 years of actual imprisonment, whereas, in the case of the petitioner, the sentence period is provided up to 24 years with remission, even though the case of both the accused is identical. 2 wp21711 2. The learned A.P.P. submits that the order in favour of co-accused, Prisoner No. C-207, Shankar Ram Mhatre, was passed on 4th January, 2011, whereas the order against the petitioner is passed in anterior point of time on 31st July, 2010. 3. In such circumstances, the appropriate course is to set aside the impugned decision of the Desk Officer to the Government of Maharashtra, Home Department, dated 31st July, 2010 bearing No. RLP-1010/1820/C.R.375/PRS-3, and, instead, direct the said authority to re-examine the case of the petitioner in the light of decision taken in the case of co-accused Shankar Ram Mhatre. All questions are left open. We direct the Appropriate Authority to re-consider the proposal of the petitioner expeditiously, and in any case, within 15 days from today. 4. Petition disposed of on the above terms. A.R. JOSHI, J. A.M. KHANWILKAR, J.