Wilson Benjamin Castellino vs The State Of Maharashtra
2016 Latest Caselaw 6183 Bom

                                                                                  5. cri wp 3346-14.doc


RMA      
                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CRIMINAL APPELLATE JURISDICTION




                                                                                                
                          CRIMINAL WRIT PETITION NO. 3346 OF 2014




                                                                        
            Wilson Benjamin Castellino                                   .. Petitioner

                                 Versus




                                                                       
            The State of Maharashtra                                     .. Respondent

                                                  ...................
            Appearances




                                                            
            Mr. Prosper D'Souza Advocate (appointed) for the Petitioner
            Mr. Arfan Sait      APP for the State
                                              
                                    ...................
                                             
                              CORAM       : SMT. V.K. TAHILRAMANI &
                                              MRS. MRIDULA BHATKAR, JJ.

DATE : OCTOBER 19, 2016.

ORAL JUDGMENT [PER SMT. V.K. TAHILRAMANI, J.] :

1. Heard both sides.

2. The case of the petitioner is that he has completed 14

years of actual imprisonment, hence, he should be released.

He placed reliance on the decision dated 21.1.2009 of the

Division Bench of this Court in Writ Petition No. 2391 of 2003

in the case of Vishwajit Shankar Khavanekar Vs. The State of

Maharashtra (Coram : Bilal Nazki & Anoop V. Mohta, JJ). In

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5. cri wp 3346-14.doc

the order dated 22.8.2016, after giving reasons in detail, we

have rejected the contention of the petitioner that he is

entitled to be released from prison as he has completed 14

years of actual imprisonment. In the said order dated

22.8.2016, it was categorically observed that the petitioner

cannot get any benefit of the decision of this Court in the

case of Vishwajit Khavanekar.

3. Thereafter, learned counsel for the petitioner submitted

that though the case of the petitioner has been referred to

the Home Department for categorization, no decision has

been taken thereon. In this view of the matter, it is directed

that the categorization of the petitioner be finalized within a

period of four weeks from the date of communication of this

order to the concerned authorities.

4. In view of the above, Rule is discharged.

    5.           Learned       APP        to   communicate   this    order       to     the



    jfoanz vkacsjdj                                                                2 of 3



                                                                 5. cri wp 3346-14.doc

concerned Authorities in the Home Department.

6. Office to communicate this order to the petitioner who

is in Kolhapur Central Prison, Kalamba.

7. Parties to act on an authenticated copy of this order.

                                          
    [ MRS. MRIDULA BHATKAR, J ]
                                     ig   [ SMT. V.K. TAHILRAMANI, J. ]
                                   
      
   






    jfoanz vkacsjdj                                                         3 of 3