Krushna Devidas Haleghongade vs the State of Maharashtra

Since the petitions are received from jail, we appointed learned counsel Mr. Ashutosh Kulkarni to represent both these petitioners by directing the Secretary, Legal Services SubCommittee, Aurangabad under the order dated 05.01.2026.

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Heard learned counsel for the petitioners so appointed and the learned A.P.P.

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According to learned counsel for the petitioners, the Government of Maharashtra, under Government Resolution dated 03.06.2017, has granted special remission as contemplated under Section 432 (1) of the Code of Criminal Procedure. Accordingly, the convicts are categorized as per their conviction period and to that proportion, the duration of special remission has been determined. He submits that only six categories, which are reproduced below, are held ineligible for such special remission.

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1- QkStnkjh naM izfdz;sP;k ¼Criminal Procedure Code) dye&106 rs 110 varxZr ¼pWIVj dslsl½ dkjkx`gkr f’k{kk Hkksxr vlysys canh

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2- Hkkjrh; naM lafgrsP;k ¼I.P.C.) dye&121 rs 130 varxZr ¼jkT;fojks/kh dkjokbZpk xqUgk½ f’k{kk Hkksxr vlysys canh-

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3- dsanzh; dk;|karxZr f’k{kk >kysyh canh-

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4- fnok.kh dk;|karxZr f’k{kk Hkksxr vlysys canh-

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5- fd’kksj lq/kkjky;krhy eqys

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6- vuf/kdri.ks dkjkxgkckgsj vlysys f’k{kk/khu canh-

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Admittedly, both the present petitioners are life convicts

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for the offence under Section 302 of the Indian Penal Code.

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(3)

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Cri.WP-1753 & 1754.2025.odt

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Learned A.P.P. opposed for granting such special remission on the ground that both the petitioners are undergoing the sentence for the offence punishable under Section 302 of the Indian Penal Code which is highly serious in nature. He further submitted that considering the nature of criminal acts committed by these petitioners, no special remission under the aforesaid Government Resolution, can be granted to them.

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It is significant to note that under aforesaid Government Resolution dated 03.06.2017, the jail inmates are categorized differently according to periods of their imprisonment. On going through the same, the present petitioners comes under the category “imprisonment more than five years or life imprisonment”. The remission therefore available for the present petitioners, is of three months. Admittedly, the petitioners do not fall under ineligibility for getting such special remission as mentioned above. Therefore there appears only criterian of undergoing 14 years of imprisonment for getting eligible for said special remission, irrespective of nature of criminal acts performed by the petitioners. It is not the requirement of Government Resolution dated 03.06.2017 to analyze the manner in which the criminal act by the inmate is performed. The remission is therefore made available only on

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(4)

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Cri.WP-1753 & 1754.2025.odt

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completion of 14 years of actual imprisonment.

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The petitioners have also produced on record copy of their respective nominal rolls. On going through the same, it appears that the petitioner Devidas Adinath Haleghongade has undergone actual imprisonment of 14 years and one month, whereas petitioner Krushna Devidas Haleghongade has undergone actual imprisonment of 14 years, 1 month and 7 days. As such, in view of the aforesaid Government Resolution issued by the Government on the occasion of 125^th Birth Anniversary of Dr. Babasaheb Ambedkar, we direct respondent No.2 to grant 3 months remission to both the petitioners and to take note of the said remission in respective remission registers of the petitioners.

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We quantify the fees of appointed advocate for the petitioners to the tune of Rs. 3,000/- per petition, which is to be paid by the High Court Legal Services Sub-Committee, Aurangabad as expeditiously as possible.

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With these directions, writ petitions are disposed of.

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(ABASAHEB D. SHINDE) (SANDIPKUMAR C. MORE) JUDGE JUDGE

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VD_Dhirde

Krushna Devidas Haleghongade v. the State of Maharashtra

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Krushna Devidas Haleghongade v. the State of Maharashtra

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