mss IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL WRIT PETITION NO. 397 OF 2009 RAVINDRA TRIMBAK CHOUTHMAL .. PETITIONER Vs. THE STATE OF MAHARASHTRA & ANR. .. RESPONDENTS Mrs. Indrayani M. Koparkar for petitioner Me. A. S. Gadkari, APP CORAM: SMT. RANJANA DESAI & R. G. KETKAR, JJ. DATED: 24/6/2009 P.C. The petitioner was sentenced to death by Sessions Court, Mumbai on 27/4/95. The High Court confirmed the death sentence. On appeal the Supreme Court reduced the sentence of death to life imprisonment. However, the Supreme Court directed that the petitioner will have to undergo seven years R.I. for the offence under Section 201 read with Section 34 of the Indian Penal Code, which would start running after life imprisonment has run its course as per law. Relevant order of the Supreme Court dated 23/2/1996 in Appeal No. 252 of 1996 reads as under: “The result is that the appeal stands allowed to the extent that the sentence of death is converted to one of imprisonment for life. But then, the sentence of seven years’ R.I. for the offence under sections 201/34 IPC would start running after the life imprisonment has run its course as per law.” 2. The petitioner has undergone the life imprisonment. He is now undergoing seven years’ R.I. as per the Supreme Court’s order. The contention of the petitioner is that he should be given remission of 30 days per month. It is not possible for us to accept this submission because as per the present rules a person who is undergoing life imprisonment is entitled to 30 days remission per month and a person who is undergoing the sentence of more than 5 years up to 14 years is entitled to 20 day’s remission per month. Relevant Rule 7 of Maharashtra Prison Manual, 1979, Chapter No. 2 regarding Open Prisons is as under: “7. Ordinary remission shall be granted to the prisoners in the open prisons at the scale mentioned in the following table:- Table Category of prisoners Scale of remission 1 2 i) Prisoners sentenced to life imprison- 30 days for a calendar ment and prisoners sentenced to more month, than 14 years in aggregate. ii) Prisoners sentenced to more than 20 days for a calender 5 years and upto 14 years. Month. Iii) Other prisoners 15 days for a calendar month. Note1. - No remission shall be granted for broken period or periods in a calendar month. Note 2.-If the aggregate of ordinary and special remission granted to a prisoner exceed half of the period of the sentence, the case of the prisoners should be referred by the Superintendent to Government through the Deputy Inspector General of Prisons in charge of the region and the Inspector General of Prisons. Note 3.-Remission earned by prisoners in an open prison shall be taken into account for the purpose of their final release. 8. Except as provided in these rules, all the rules made under section 59 of the Act shall apply in relation to prisoners confined in open prisons, as they apply to all other prisoners.” 3. We are informed by learned APP that while the petitioner was undergoing life imprisonment as per this rule, he was given 30 day’s remission per month. Now that the life imprisonment is over and he is undergoing 7 years sentence he is being given 20 days’ remission per month. Having perused Rule 7, we cannot fault prison authorities for doing so. The petitioner’s prayer cannot be granted. The petition is, therefore, dismissed. 4. This order may be communicated to the petitioner in jail. (SMT. RANJANA DESAI, J.) (R. G. KETKAR, J.)