Single-judge division dismissed a criminal writ petition regarding the applicability of guidelines for premature release under Section 433A CrPC. The court held prior review unnecessary, adhering to previous '{}' order.
Writ petition dismissed and disposed of accordingly as新浪点认为无必要审查.
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ladda
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION No. 338 OF 2009.
Tulshiram Raghunath Naik and Ors. .. .. Petitioners. Mr Madhav J.Jamdar, Advocate for the Petitioners. Mr D.P. Adsule, A.P.P.,for the State.
CORAM: BILAL NAZKI
AND A.R.JOSHI,JJ
DATED : 7TH SEPTEMBER,2009
P.C.:-
The question raised in this petition is that the guidelines applicable on the date when the conviction was imposed are relevant for the purpose of release of a prisoner prematurely in terms of section 433A of the Code of Criminal Procedure. This Court has already, by a detail judgment, in Writ Petition No. 207 of 2009 dated 3rd August,2009 decided this question and has held that the guidelines which were prevalent on the date of conviction would be relevant. However, the learned counsel for the petitioners insists on certain judgments of the Supreme Court which we have not considered earlier. We do not feel
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that those are relevant judgments. The petitioners case has been considered on the basis of guidelines applicable on the date of conviction. We do not feel that there is any need to review our earlier order. In this view of the matter, the writ petition is dismissed and disposed of accordingly.
(BILAL NAZKI,J)
(A.R.JOSHI,J)
1 issue framed by the court
Whether guidelines applicable on the date of conviction are relevant for premature release under Section 433A CrPC.
Tulshiram Raghunath Naik and Ors.
The State
Bilal Nazki
A.R. Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
