1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION No. 735 OF 2009 Pralhad Gangaram Dhongade ..Petitioner. vs. The State of Maharashtra and Ors ..Respondents. Smt Sarojini Upadhyay, Advocate for the Petitioner. Mr A.S. Gadkari, A.P.P.,for the State. CORAM: BILAL NAZKI AND A.R.JOSHI,JJ DATED : 25TH AUGUST,2009 P.C.:- The petitioner has not completed 14 years of actual imprisonment. He had been sentenced to life imprisonment. He seeks directions for premature release on the ground of health. The counter affidavit has been filed. His health is being taken care of and a substantial amount has been deposited, even in the hospital, for his treatment. In terms of Section 433(a) of the Code of Criminal Procedure, the Government has no power to release the petitioner sentenced to life imprisonment unless he serves atleast 14 years of imprisonment. After completion of 14 years the Government is bound by the guidelines framed. The Government may consider the case of the petitioner in accordance with the guidelines. In the Writ Petition, the petitioner had claimed that four prisoners were released prematurely and in the counter affidavit detail with respect to the 2 release of those prisoners has been given. Only one prisoner appears to have been released before completion of 14 years of imprisonment i.e. Mr Rajendra Patil who had been sentenced to suffer life imprisonment on 11.6.76. That means, he was convicted and sentenced before incorporation of Section 433(a) in the Code of Criminal Procedure and as such the Government had power to release the prisoner sentenced to life imprisonment even before completion of 14 years of imprisonment. For these reasons, no further orders are necessary to be passed. Writ petition is dismissed and disposed of accordingly. (BILAL NAZKI,J) (A.R.JOSHI,J)