0903cwp23.11.odt 1/2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL WRIT PETITION NO.23 OF 2011. Afsar Beg Sattar Beg ..vs.. The State of Mah. through the Secretary, Home Deptt.Mantralaya, Mumbai and anr. ------------------------------------------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders. or directions and Registrar's orders. ---------------------------------------------------------------------------------------------------------------------------------- Petition by Post. Mrs.S.S.Wandile, APP for the State. CORAM : V.K.TAHILRAMANI AND PRASANNA B.VARALE, JJ. DATED : 9TH MARCH, 2011. 1. The petitioner has preferred this petition through jail, praying for his premature release. 2. By judgment and order dated 28th December, 1988, in Sessions Trial No.76 of 1988 the learned Additional Sessions Judge, Wardha convicted the petitioner under section 302 of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for life. 3. As per rules, after the petitioner completed 12 years of actual imprisonment, his case was referred to the Home Department to consider his case for premature release under the guidelines for premature release of life convict. The Government of Maharashtra by order dated 23/03/2005 came to the conclusion that the case of the petitioner falls under the category of 3(b) of the guidelines. As per 0903cwp23.11.odt 2/2 Category 3(b), a prisoner is entitled to be released after he has completed 24 years of imprisonment including all remissions. Category 3(b) deals with murder by gang or murder caused with premeditation. 4. We have carefully perused the judgment and order passed by the learned Sessions Judge. The learned Sessions Judge has observed that as the deceased refused to pay money on demand to the accused, the accused suddenly assaulted him. It is further observed that it is true that there is no evidence to show that there was any premeditation. In view of the facts and circumstances of this case and the observations made by the learned Sessions Judge, we are of the considered opinion that the case of the petitioner cannot fall under category 3(b) but it would fall under 3(a) of the guidelines, which provides for premature release on a prisoner completing 22 years of imprisonment including remissions. Hence, it is directed that the petitioner be placed in category 3(a) of the guidelines and he be released from prison as per this category. 5. Rule is made absolute in above terms. Office to communicate this order to the petitioner who is in Central Prison, Nagpur. JUDGE JUDGE chute