1 Cri.WP 560/2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.560 OF 2011. Bhagwan s/o Baburao Patil (Convict No.3661) Age:Major, occu.Nil, r/o At present in Paithan Open Prison, Dist.Aurangabad. = PETITIONER VERSUS 1) The State of Maharashtra Through the Secretary, Department of Home, M.S., Mantralaya, Mumbai. 2) The Superintendent, Open Prison, Paithan, District Aurangabad. = RESPONDENTS Mr.SM Ganachari, Adv. for Petitioner(appointed); Mr.VD Godbharale, APP for Respondents. ----- CORAM : A.H.JOSHI & A.R.JOSHI,JJ. DATE : 28th September, 2011. JUDGMENT (PER:- A.R.JOSHI,J.) 1) Rule. Rule made returnable forthwith by consent of the parties. Heard rival submissions. 2 Cri.WP 560/2011 2) This is a letter petition filed by the petitioner/convict, presently undergoing life imprisonment. He is at present in Open Prison at Paithan for the offence punishable under Section 302 of Indian Penal Code. 3) The order dated 6th May, 2011 passed by Home Department, Mantralaya, Mumbai is under challenge. 4) According to the petitioner, his case falls in Category 2(b) of the Government Resolution dated 11th May, 1992 for early release. 5) The State Government has directed through the impugned order that the petitioner be released from jail after undergoing the actual imprisonment of 14 years subject to total duration of imprisonment, inclusive of remissions, for 26 years. The foundation of the order of categorization is based on the facts proved before trial Court and reasoning given in 3 Cri.WP 560/2011 the judgment of conviction and the case of present petitioner/convict falls in the Category 5(b) of the Government Resolution, Home Department, dated 15th March, 2010. 6) It is seen from paragraph No.108 of the judgment of conviction that:- The assault was premeditated and was arising out of the political rivalry. The petitioner belonged to one political party and victim belonged to rival political party. 7) After hearing the rival submissions and after considering the guidelines laid down by the State Government, we notice that petitioner's case would be falling in Category 5(b) of the Government Resolution dated 15th March,2010 or Category 4(b) as per the Government Resolutions dated 11th May, 1992 and 15th March, 2010. 8) As we see from the judgment of conviction, the dispute was not domestic or 4 Cri.WP 560/2011 sudden fight, rather it had arisen out of political rivalry. 9) The foundation of categorization is to be the judgment of conviction. Contents thereof constitute the material to be considered by the Government. Said material is considered. Therefore, any error of law or as to exercise of jurisdiction is not shown to have crept. 10) There is no merit in the present petition and the same is accordingly dismissed. 11) Rule discharged. No order as to costs. sd/- sd/- (A.R.JOSHI,J.) (A.H.JOSHI,J.) bdv/ fldr.27.9.2011