KBP 1 cr.wp.3730-11.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.3730 OF 2011 Harish Lakhan Betbanshi ..Petitioner Vs The State of Maharashtra and anr. ..Respondents -- Mr.N.N.Gawankar i/b.Mr.Sharon Patole, for petitioner. Mr.J.P.Yagnik, APP for respondent State. -- CORAM : A.M.KHANWILKAR & R.G.KETKAR, JJ. DATE : 16 th DECEMBER, 2011 P.C.: Mr.Gawankar, learned counsel for the petitioner submits that the only question in this petition is that the Appropriate Authority has not kept in mind the principles expounded by the Apex Court in the case of Union of India Vs. Jagdish, (2010 (4) SCC 216, of extending beneficial provisions of the relevant guidelines to the convict. KBP 2 cr.wp.3730-11.odt 2] The order which is impugned in this petition dated 19 th December, 2008 does not make reference to that aspect; as, the decision of the Supreme Court was not in place at the relevant time. However, according to the learned counsel for the petitioner, the principle underlying in the said decision ought to be applied to the case of the petitioner. He submits that, as there is no power of review available to the said Authority, the petitioner has approached this Court by way of Writ Petition for quashing the impugned decision and to direct the appropriate Authority to reconsider the case afresh in the light of the decision of the Apex Court. 3] We dispose of this petition by setting aside the order dated 19 th December, 2008 and relegate the petitioner before the appropriate Authority for reconsideration of the proposal for premature release keeping in mind the abovesaid decision of the Apex Court. That be considered expeditiously. [R.G.KETKAR, J.] [A.M.KHANWILKAR, J.]