Petitioner, a life convict, filed a writ petition seeking immediate release after completing 30 years of imprisonment including remission under specific Criminal Procedure Guidelines. The High Court held the conditions were met and granted release.
Prayer for release from prison forthwith was allowed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
jdk 1 1.crwp.1763.16.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1763 OF 2016
Nishan Singh Jaimal Singh Sohel
.. Petitioner
Vs.
The State of Maharashtra & Ors.
.. Respondents
.... Mr. N.N. Gawankar i/b Mr. Manas N. Gawankar Advocate for Petitioner
Mrs. A.S. Pai A.P.P. for the State
CORAM : SMT.V.K.TAHILRAMANI AND MRS. MRIDULA BHATKAR, JJ.
DATED : JULY 04, 2016
ORAL ORDER : [PER SMT. V.K.TAHILRAMANI, J. ]:
1 Heard both sides. Rule. By consent, rule is made returnable forthwith.
2 The petitioner is a life convict. As per the Guidelines framed under the Code of Criminal Procedure, the State Government has stated that the petitioner falls in category 4(c) of the 1992 Guidelines and 5(c) of the 2008 Guidelines. Both
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jdk 2 1.crwp.1763.16.doc
the Guidelines state that any convict falling in this category, shall be released from prison after completing 30 years of imprisonment including remission provided that the convict has completed 14 years of actual imprisonment.
3 The main prayer of the petitioner is that he be released from prison forthwith. As far as this prayer is concerned, it is an admitted fact that the petitioner has been placed in a category which provides for release after completing of 30 years of imprisonment with remission. The petitioner as of today, has completed 30 years of imprisonment with remission and he has completed more than 19 years of actual imprisonment. In this view of the matter, we are of the opinion that the prayer of the petitioner that he be released from prison forthwith, deserves to be allowed and it is accordingly allowed.
4 Rule is made absolute in above terms.
[ MRS. MRIDULA BHATKAR, J.] [ SMT. V.K.TAHILRAMANI, J. ]
kandarkar
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1 issue framed by the court
Whether the petitioner, a life convict belonging to category 4(c) of 1992 Guidelines and 5(c) of 2008 Guidelines after completing 30 years of imprisonment including remission, be released forthwith un
Nishan Singh Jaimal Singh Sohel
The State of Maharashtra
V.K. Tahilramani
Mridula Bhathkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
