drp {1} Cri.W.P.No.1135/2010 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.1135 OF 2010 Raju @ Rajendra Vithoba Wagh PETITIONER VERSUS The State of Maharashtra RESPONDENT ....... Mr.R.D.Raut, Advocate for the petitioner (Appointed) Mr.K.G.Patil, APP for respondent State ....... [CORAM : P.V.HARDAS, AND A.V.POTDAR, J.J.] DATE : 1st February 2011 PER COURT: 1. A communication had been received through jail, which was registered as Criminal Writ Petition. When this petition was listed before the Court for admission, this Court had appointed Advocate R.D.Raut, to represent the petitioner in this petition. The limited grievance of the petitioner is that he has undergone 16 years imprisonment and, therefore, the petitioner be released prematurely. 2. It appears that the petitioner, along with other accused, was convicted for an offence punishable u/s 302, 394, drp {2} Cri.W.P.No.1135/2010 201 r/w 34 of the Indian Penal Code in Sessions Trial No.86/1995, by the Additional Sessions Judge, Parbhani. The appeal filed by the present petitioner, along with other accused, also came to be dismissed by this Court by its judgment dated 4th September 2001. The petitioner has been placed in category 5-A of the Guidelines dated 11th May 1992. Clause 5 A of the aforesaid Guidelines provides imprisonment for 26 years, if the murder is committed by dacoits and robbers in the act of committing dacoities and robberies. In the present case a cash of Rs.1,60,000/- had been robbed from the deceased, which ultimately came to be recovered from the petitioner. Since the petitioner has been convicted for an offence punishable u/s 302 and 394 of the Indian Penal Code, according to us, the placement of the petitioner in category 5A of the aforesaid Guidelines, cannot be faulted with. The aforesaid Guidelines provide imprisonment for 26 years. 3. In that light of the matter, therefore, according to us, there is no merit in the petition and the petition is, therefore, summarily dismissed with no order as to costs. We quantify the fees payable to the learned counsel appointed on behalf of the petitioner at Rs.1,500/- [A.V.POTDAR, J.] [P.V.HARDAS, J.] drp/A11/cwp1135-10