1 wp1818.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Criminal Writ Petition No. 1818 of 2010 Bankat Dadgu Giri ...Petitioner v/s. The State of Maharashtra ..Respondent Mr. K.N. Kore-advocate appointed as amicus curiae. Ms. S.V.Gajare-APP for the State. CORAM:- A.M.KHANWILKAR & P.D. KODE, JJ DATED :- OCTOBER 27, 2010. P.C. This Petition is filed through jail taking exception to the order passed by the Desk Officer to the Government of Maharashtra, Home Department dated 20th April, 2010. By the said order the Petitioner’s claim for premature release has been considered. The appropriate Authority is of the view that the Petitioner falls under category 1(e) of the Guidelines dated 11th May, 1992. 2. Considering the offence for which the Petitioner has been convicted 2 wp1818.10.sxw and is undergoing sentence, we have no difficulty in upholding the opinion of the appropriate Authority that the case is covered by the category of crime committed with exceptional violence or perversity. If so, the Petitioner has been rightly categorised under category no. 1(e) of the Guidelines of the 1992 for which reason the order impugned before us cannot be interfered with. However, at the sametime we cannot gloss over the fact that when the proposal for premature release pertaining to Petitioner was considered on 20th April, 2010, the Guidelines of 15th March, 2010 had already come into effect. As per the said Guidelines, the sentence period has been reduced by two years for the self same category. In other words, the Guidelines of 2010 are beneficial to the convicts such as Petitioner before us. For that reason, it was obligatory for the authority to apply the guidelines of 2010 while considering the case of premature release of the Petitioner being beneficial than the period specified in the Guidelines of 1992. 3. Accordingly, we set aside the impugned decision dated 20th April, 2010, instead we direct the Authority to reconsider the case of the Petitioner, keeping in mind the Guidelines dated 15th March, 2010. That be done as expeditiously as possible and in any case not later than three 3 wp1818.10.sxw months from the receipt of copy of this order. 4. Petition disposed of on the above terms. 5. Court expresses word of gratitude for the able assistance given by the Learned amicus curiae. 6. Copy of this order be forwarded to the Petitioner who is in jail. (P.D. KODE, J) (A.M.KHANWILKAR, J)