1 cri-wp-1305-11.doc pdp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1305 OF 2011 Charansingh @ Cheru @ Ramesh Waskar @ Rajput Kanjarbhat and anr. ...Petitioners Versus The State of Maharashtra and anr. ...Respondents Mr. N. N. Gavankar i/by Mr. Arfan Sait for petitioners. Dr. F.R. Shaikh, APP for State. CORAM: B. H. MARLAPALLE & U.D.SALVI, JJ. July 25, 2011. P.C. 1. Heard Mr. Gavankar with Mr. Sait, the learned counsel for the petitioners. 2. The petitioners are brothers and they came to be arrested on 22/3/1996 as they were accused in Sessions Case No. 137 of 1996. The 2 cri-wp-1305-11.doc said case resulted in an order of conviction under Sections 396, 395 and 342 of IPC as per the order passed by the learned Sessions Judge, Raigad on 30/9/1998. This order of conviction and sentence came to be challenged in Criminal Appeal No. 843 of 1998 which was partly allowed by this court on 20/1/2003 by converting the conviction under Section 395 to Section 302 of IPC and they have been further convicted under Section 394 of IPC. They have been sentenced to suffer RI for life for the offence punishable under Section 302 and for seven years for the offence punishable under Section 394 of IPC. As per the petitioners, the IG (Prisons) forwarded to the Government of Maharashtra the 14 year RI (actual) report on 8//6/2010. By communication dated 30/3/2011, the IG (Prisons) was informed by the Home Ministry, Government of Maharashtra that the proposal for remissions/premature release in respect of the petitioners be submitted only after the petitioners would complete 65 years of age. In the said communication, it has been further staed that in view of the seriousness of the offences proved against the petitioners, they would not be entitled for remissions/premature release and hence this petition under Article 226 of the Constitution. 3. Dr. Shaikh, the learned APP, has placed before us a copy of 3 cri-wp-1305-11.doc the letter dated 16/7/2011 he has received from the Home Ministry and as per the said letter, the case of the petitioners is under reconsideration/review for remissions/premature release and decision is likely to be taken within four weeks. 4. The petitioners have placed on record the guide-lines for remissions/premature release set out in the GR dated 11/5/1992 issued by the Ministry for Home, Government of Maharashtra and as the petitioners have been convicted and sentenced in September, 1998, in our opinion, the same guide-lines will be applicable to them. As per Mr. Gavankar, as the petitioners have been convicted for the offence of murder and robbery, they would be covered under category 5(a) of the said guide-lines published on 11/5/1992. 5. We have no doubt that the Home Department will consider the petitioners’ case as per the guide-lines of 11/5/1992 and pass an appropriate order. We direct that the said order of remissions/premature release be passed as expeditiously as possible and preferably by 31st August, 2011, more so when the petitioners have already undergone a total of more than 15 years of actual imprisonment. 4 cri-wp-1305-11.doc 6. Petition is disposed off in terms of the above directions. (U.D.SALVI, J.) (B. H. MARLAPALLE, J.)