Dixit 1 WP-3128-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.3128 OF 2011 Ramjan Ali Abdul Razzak Khan ... Petitioner V/s. The State of Maharashtra ... Respondent Through Jail. Mrs. A.S. Pai, A.P.P., for the Respondent-State. CORAM : A.M. KHANWILKAR & R.G. KETKAR, JJ. DATE : 16 TH NOVEMBER, 2011. P.C. : 1. We have heard the learned A.P.P. for the Respondent-State. 2. This Petition is received through Jail. In substance, the relief claimed is to direct the Respondent to release the Petitioner prematurely having completed more than 14 years of actual imprisonment and 19 years including remission. The principal ground on which Petitioner prays for premature release is that he is suffering from serious ailment and being a senior citizen his case should be considered sympathetically. Dixit 2 WP-3128-11 3. The learned A.P.P., on instructions, states that in view of the grievance made by the Petitioner, the Petitioner was sent to the Medical Committee of Sassoon Hospital, but the said Committee, in turn, has opined that the ailment of the Petitioner is not serious at all and capable of being monitored in jail itself. 4. Be that as it may, the question of releasing convict prematurely will have to be addressed in conformity with the guidelines framed by the State Government from time to time. Indeed, as observed by the Apex Court in State of Haryana Vs. Jagdish, reported in (2010) 4 SCC 216, the convict should be extended benefit of more liberal guidelines in place. Even if that relief is to be granted to the Petitioner in the present case, the Petitioner having been categorized as under Clause 3(d) of the Guidelines of 1992, he cannot be considered for premature release, as he will be required to undergo imprisonment including remission for a period of 26 years. Before that, he cannot be released in exercise of powers under Section 432 of the Code. The Petitioner, however, may be free to pursue remedy before the President/Governor, as the case may be, by way of Clemency Petition and if the case of the Petitioner is covered under the excepted category, as observed by the Apex Court in the case of State of Haryana (supra), the said authority may be free to pass appropriate order. This order should not be construed as having expressed any opinion one way or the other in relation to the said remedy. Dixit 3 WP-3128-11 5. The Petition is disposed of in the above terms. 6. Copy of this order be forwarded to the Petitioner, who is in Jail, for information. [R.G. KETKAR, J.] [A.M. KHANWILKAR, J.]