drp {1} Cri.W.P.No.1074/2010 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.1074 OF 2010 Bhagwan Ganu Naik PETITIONER VERSUS The State of Maharashtra RESPONDENT ....... Mr.Ujwal Patil, Advocate for the petitioner (appointed) Mr.D.V.Tele, APP for respondent State ....... [CORAM : P.V.HARDAS, AND A.V.POTDAR, J.J.] DATE : 9th February 2011 ORAL ORDER (PER A.V.POTDAR, J.): 1. A communication sent by the petitioner through jail was registered as Criminal Writ Petition and accordingly we had appointed Mr.Ujwal Patil, learned counsel to represent the petitioner in this petition before us. 2. By this petition, under Article 226 of the Constitution of India, the petitioner has prayed for his release from jail contending that he has already undergone imprisonment for 17 years and 7 months. drp {2} Cri.W.P.No.1074/2010 3. We have heard learned counsel for the petitioner followed by the submissions of learned APP. 4. The petitioner is convicted in Sessions Case No. 128/1994 for an offence punishable u/s 302 r/w 149 of the Indian Penal Code and is sentenced to suffer imprisonment for life with default stipulation. The petitioner is also convicted for an offence punishable u/s 307 r/w 149 of the Indian Penal Code, u/s 325 r/w 149 of the Indian Penal Code and u/s 148 of the Indian Penal Code and sentenced to suffer RI for 7 years, RI for 3 years and RI for one year, respectively with default stipulations. All the substantive sentences were directed to run concurrently. 5. The petitioner was arrested on 22.03.1993 and was convicted vide judgment dated 13.08.1997. The appeal preferred by the petitioner challenging his conviction is dismissed by this Court. The petitioner has contended that as he has completed 14 years of imprisonment, he may be released. It appears that the petitioner was placed under Category 3-C of the Guide lines dated 11.05.1992 issued by the Government of Maharashtra for the prisoners serving with life sentence. 6. Perusal of the judgment of the trial court indicates that the petitioner, along with others, has committed murder resulting from business rivalry and, therefore, he is rightly placed under category 3-C of the said guide lines. As per the said guide drp {3} Cri.W.P.No.1074/2010 lines the petitioner has to undergo imprisonment for 26 years and he cannot be released before completion of 26 years of imprisonment. Thus, we do not find any fault in placing the petitioner in category 3-C and consequently no fault can be found with the order dated 5th September 2007. Resultantly, the writ petition, which is sans merits, stands dismissed. The fees payable to the learned counsel appointed for the petitioner are quantified at Rs.1000/- [A.V.POTDAR, J.] [P.V.HARDAS, J.] drp/A11/cwp1074-10