drp {1} Cri.W.P.No.1136/2010 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.1136 OF 2010 Dnyanoba Sakharam Vikhe PETITIONER Age=Major, Occ-Nil Convict No.6761, Presently Central Prison Aurangabad VERSUS The State of Maharashtra RESPONDENT ....... Mrs.S.B.Wadmare, Advocate for the petitioner (appointed) Mr. K.G.Patil, APP for respondent State ....... [CORAM : P.V.HARDAS, AND A.V.POTDAR, J.J.] DATE : 17th February 2011 ORAL JUDGMENT (Per P.V.Hardas, J.): 1. Rule. Rule returnable forthwith. With the consent of learned counsel for the parties this petition is heard finally at the stage of admission. 2. A communication came to be addressed to this Court by the prisoner, who is a convict and undergoing sentence of drp {2} Cri.W.P.No.1136/2010 imprisonment for life for an offence punishable u/s 302 of the Indian Penal Code. This Court had accordingly appointed advocate Mrrs.S.B.Wadmare, learned counsel to represent the petitioner in this petition before us. The limited grievance of the petitioner, in this petition, is that since he has completed actual imprisonment of 14 years, the petitioner be released from jail. 3. On notice of this petition being issued to the respondent, respondent has filed affidavit in reply. In the affidavit in reply, at paragraph No.6, it is stated that a proposal of the petitioner is pending consideration with the State Government and that the guide lines issued by the Home Department, dated 16.11.1978, would be applied and his proposal would be considered in accordance with the said guidelines and rules. 5. Since the proposal of the petitioner is pending and this fact has been re-iterated by the prison authorities in communication dated 08.06.2010, addressed to the petitioner, we consider it appropriate to allow this petition and direct the respondents to decide the aforesaid proposal. 6. We accordingly allow this petition and direct the respondent to decide the proposal of the petitioner, for his pre- mature release, if pending, in accordance with law, within a period of 6 months from today and communicate the decision thereon to the petitioner. drp {3} Cri.W.P.No.1136/2010 7. Rule is thus made absolute on the above terms with no order as to costs. We quantify the fees payable to the learned counsel for the petitioner at Rs.2000/- [A.V.POTDAR, J.] [P.V.HARDAS, J.] drp/A11/cwp1136-10