Chanduram Dholuram Tofa (In Jail) vs Principal Secretary Department ...
2017 Latest Caselaw 951 Bom

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            IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

                               NAGPUR BENCH, NAGPUR



                  CRIMINAL WRIT PETITION NO.54 OF 2017



  Chanduram Dholuram Tofa,
  C-03, detained in District Open
  Prison, Gadchiroli.                       ..........      PETITIONER



          // VERSUS //



  1. Principal Secretary,
      Department of Home Affairs,
      (Mantralaya), Mumbai-32.

  2. Superintendent,
      Central Prisons,
      Gadchiroli.                               ..........       RESPONDENTS



  ____________________________________________________________  
               Mrs.S.D.Paul, Advocate (appointed) for the Petitioner.
              Mr.R.S.Nayak, A.P.P. for the Respondents/State.
  ____________________________________________________________




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                                         CORAM     :  B.R. GAVAI 
                                                      AND
                                                      KUM.INDIRA JAIN, JJ.

DATE : 22.3.2017.

ORAL JUDGMENT (Per B.R. GAVAI, J) :

1. Rule. Rule is made returnable forthwith. Heard by

consent.

2. By way of present petition, the petitioner has approached

this Court praying for a direction to respondent no.1 to consider his

case for pre-mature release by considering his case in the category

3(b) of the revised Government Guidelines dt.15.10.2010.

3. Perusal of the material placed on record would reveal

that, after considering the Judgment of the learned Sessions Judge

and the recommendation of the Prison Authority that the case of the

petitioner would fall under clause 3(b) which provides for

undergoing sentence of 22 years including remissions and set offs,

the State Government, disagreeing with the same, decided that the

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case of the petitioner would fall under category 4(d) which provides

for 26 years of imprisonment with all remission benefits. We do not

find that the reasons given by the State for disagreeing with the

reasonings given by the learned Sessions Judge and the Prison

Authorities are justified. In that view of the matter, the Petition is

allowed.

4. It is directed that the petitioner be categorized in

Category 3(b) of the revised Government Guidelines dt.15.10.2010

and he shall undergo imprisonment for 22 years including remissions

and set offs.

5. The fees of the learned Counsel appointed for the

petitioner are quantified at Rs.1,500/-.

                             JUDGE                            JUDGE
   



  [jaiswal]





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