1 23 wp.2370.10 ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2370 OF 2010 Rasul Mohammad Hanif Hawale. ... Petitioner Vs. The State of Maharashtra. ... Respondent ----- Ms. V. Nirmala i/b Sandeep Y. Katkade for the Petitioner. Mr. D.P.Adsule, APP for the Respondent/ State. ----- CORAM : A.M. KHANWILKAR and P.D. KODE, JJ. DATE : 18 th October, 2010. P.C. 1 This petition received through jail questions the correctness of order dated 29 th May, 2009 passed by the appropriate authority on the application for premature release. The order proceeds on the assumption that the Petitioner alongwith co-accused had been convicted for offence punishable under Section 302 of the Indian Penal code. However, the position noticed from the judgment of the Sessions Court is that the Petitioner was the sole accused. In other words, the order proceeds on the assumption, which is error apparent on the face of the record. In other words, it suffers from non application of mind. On this count alone, we are inclined to set aside the impugned order and relegate the proposal for premature release of the Petitioner before the 2 23 wp.2370.10 appropriate authority for reconsideration on its own merits in accordance with law. 2 Accordingly, petition is allowed. The impugned judgment and order dated 29 th May, 2009 is set aside. The appropriate authority shall reconsider the proposal for premature release of the Petitioner on merits in accordance with law. 3 Court expresses word of gratitude for the able assistance given by the advocate appointed to espouse the cause of the Petitioner. 4 Copy of this order be forwarded to the Petitioner who is in jail, forthwith. [ P.D. KODE, J ] [ A.M. KHANWILKAR, J ]