1 wp.1870-2011 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1870 OF 2011 Waman Dehu Khandvi ..Petitioner Vs. The State of Maharashtra ..Respondent. ----- Mr. Sarojini Upadhyay, appointed Advocate for the petitioner. Mrs. P.P. Shinde, APP for the State. ---- CORAM: B. H. MARLAPALLE & U.D. SALVI, JJ. AUGUST 03, 2011. P.C.: 1. This Petition has been received from the jail, and the petitioner is a life convict undergoing the sentence passed in Sessions Case no.161 of 1994. 2. As per the order passed by the Government of Maharashtra on 11.5.2011, the petitioner will be released from the jail on completion of total sentence 22 years including remission, and subject to his good 2 wp.1870-2011 conduct till he is released from the jail. However, the petitioner claims that he is entitled to be released immediately. 3. Mrs. Shinde, the learned APP on the other hand submitted that the petitioner has completed ten years of actual imprisonment as on 14.3.2010, and he reported late and was punished in the year 2003 as well as in 2008. 4. As per the petitioner he was arrested on 16.1.1994 and till Sessions Case no.161 of 1994 was decided on 18.1.1996 he was not released on bail. He has been given the benefit of set off under Section 428 of Cr. P.C. He further claims that as on 31.5.2011 he has completed total sentence of seventeen years one month and eight days including the remissions. 5. Even if the petitioner’s own averment is accepted, he is not entitled to be released immediately. 6. Hence, the Petition is devoid of merits, and the same is rejected. 3 wp.1870-2011 7. Let this order be communicated to the petitioner. (U.D. SALVI, J.) (B. H. MARLAPALLE, J.)