2020 NearLaw (BombayHC Nagpur) Online 1061
Bombay High Court

JUSTICE P.N. DESHMUKH JUSTICE PUSHPA V. GANEDIWALA

Raju Gourishankar Gaddalwar Vs. State of Maharashtra & Ors.

CRIMINAL WRIT PETITION NO. 587 OF 2019

3rd February 2020

Petitioner Counsel: Ms. Aarti Singh
Respondent Counsel: Mrs. M.H. Deshmukh
Act Name: Indian Penal Code, 1860

HeadNote : The petitioner a life convict sought his premature release by setting aside the order dated 29/03/2019 passed by the Chief Judicial Magistrate, Nagpur.
As per order dated 27/04/2018, petitioners case was categorized under Column 4(e) of Schedule (I) in the Notification dated 15/03/2010 for a period of 26 years, issued by Government of Maharashtra.
The same order came to be confirmed by the impugned order passed by the Court of Chief Judicial Magistrate.
It is not disputed that the petitioner is convicted for the offence punishable under Section 302 read with Section 149 of the Indian Penal Code.
As the petitioner has already been held guilty for the offence of four murders with the aid of Section 149 of the Indian Penal Code, the case of the petitioner clearly falls in the category 4(e) of Schedule (1) of the aforesaid Notification.
The fees of Advocate (appointed) for the petitioner is quantified at Rs 2000/-.

Section :
Section 149 Indian Penal Code, 1860 Section 302 Indian Penal Code, 1860

Cases Cited :

JUDGEMENT

PUSHPA V. GANEDIWALA, J.

Heard the learned counsel for the parties finally by consent.

2. The petitioner – a life convict sought his premature release by setting aside the order dated 29/03/2019 passed by the Chief Judicial Magistrate, Nagpur. As per order dated 27/04/2018, petitioner’s case was categorized under Column 4(e) of Schedule (I) in the Notification dated 15/03/2010 for a period of 26 years, issued by Government of Maharashtra. The same order came to be confirmed by the impugned order passed by the Court of Chief Judicial Magistrate.

3. It is not disputed that the petitioner is convicted for the offence punishable under Section 302 read with Section 149 of the Indian Penal Code.

4. As per the aforesaid Notification dated 15/03/2010, a murder committed with exceptional violence / brutality / kidnapping etc., the convict shall undergo a period of imprisonment including remission for 26 years. As the petitioner has already been held guilty for the offence of four murders with the aid of Section 149 of the Indian Penal Code, the case of the petitioner clearly falls in the category 4(e) of Schedule (1) of the aforesaid Notification. It is informed that the petitioner has already undergone more than 25 years of imprisonment including remission. We do not see merit in the petition and, hence, the same is rejected.

5. The fees of Advocate (appointed) for the petitioner is quantified at Rs. 2000/-.