Sunil Sridhar Ghadshi vs The State Of Maharashtra
2022 Latest Caselaw 5210 Bom

                                                                                      61. cri wp 4530-15.doc

R.M. AMBERKAR
 (Private Secretary)
                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                CRIMINAL APPELLATE JURISDICTION



                                           WRIT PETITION NO. 4530 OF 2015


                       Sunil Sridhar Ghadshi                                      .. Petitioner
                                  Versus
                       The State of Maharashtra                                   .. Respondent

                                                  ....................
                        Through Jail - None present for the Petitioner
                        Smt. A.S. Pai, APP for the State
                                                        ...................

                                                       CORAM : S.S. SHINDE &
                                                               MILIND N. JADHAV, JJ.

                                                       DATE          : JUNE 09, 2022

                       P.C.:

1. By the present petition, the Petitioner has written a letter to the

Hon'ble the Chief Justice, Bombay High Court on 03.10.2015 stating

that the Petitioner has been wrongly categorized in category 8(C) of

Annexure-II under the guidelines of 1992 and therefore asked to

undergo 28 years of imprisonment including remissions as per the said

category.

2. We have heard the learned PP appearing on behalf of the State

and perused the order dated 18.12.2012 passed by the Home

Department in respect of which the Petitioner is aggrieved.

1 of 3

61. cri wp 4530-15.doc

3. The Petitioner was arrested in CR No. 8/1998 on 23.01.1998;

tried and convicted by the Sessions Court by judgment dated

21.09.1999 for the offences punishable under sections 342, 376(g),

302, 201, 404 r/w 34 of the IPC. The Petitioner was convicted for

gang rape and murder of a young unmarried girl.

4. In the petition the Petitioner has urged that including the various

remissions the Petitioner had already served 22 years of imprisonment

as on 03.10.2015. According to the Petitioner under the revised

guidelines of 15.03.2010, the Petitioner has claimed to fall under

category 8(C) of Annexure-II wherein the prescribed period of

imprisonment including remissions is 22 years.

5. We have perused the petition as well as the annexures thereto,

the guidelines applicable and copy of the judgment dated 21.09.1999

convicting the Petitioner. It is seen that under the revised guidelines

of 2010 considering the exceptional violence and brutality of the

offence committed by the Petitioner he has been categorized under

category 2(d) i.e. offences related to crime against woman's murder

and rape. Though the Petitioner has pleaded that there is no proof

against him for committing the murder, the judgment of the trial court

speaks for itself. Hence the categorization of the Petitioner has been

correctly done by the Chief Secretary in consonance with the

2 of 3

61. cri wp 4530-15.doc

applicable guidelines and the Petitioner under category 2(d) is

required to suffer imprisonment for 28 years including various

remissions before he is released.

6. In view of the above the Writ Petition stands dismissed and

disposed of.

[ MILIND N. JADHAV, J. ] [ S.S. SHINDE, J.] Digitally signed by RAVINDRA RAVINDRA MOHAN AMBERKAR MOHAN Date:

AMBERKAR 2022.06.11 18:03:14 +0530

3 of 3