2020 NearLaw (BombayHC Nagpur) Online 1345
Bombay High Court

JUSTICE P. N. DESHMUKH JUSTICE PUSHPA V. GANEDIWALA

Raju Gaurishankar Gaddalwar Vs. The State of Maharashtra & Anr.

CRIMINAL WRIT PETITION NO. 842 OF 2019

20th January 2020

Petitioner Counsel: Shri A. A. Pannase
Respondent Counsel: Shri C. A. Lokhande
Act Name: Indian Penal Code, 1860

HeadNote : Rule is made returnable forthwith and heard finally Shri AA Pannase, learned counsel (appointed) for the petitioner and Shri CA Lokhande, learned APP for the respondents.
The petitioner is a life convict for the offence punishable under Sections 147, 148, 302 read with Sections 149 and 307 of the Indian Penal Code.
By way of this petition, the petitioner challenges the order dated 27.04.2018 passed by respondent No 1 categorizing the petitioner to undergo 26 years of imprisonment as per Government Resolution dated 15.03.2010.
The learned counsel for the petitioner submitted that till today, the petitioner has already undergone imprisonment of more than 26 years including remission.
On the contrary, the respondents in their reply affidavit submitted that the petitioner has completed 25 years 01 month and 20 days imprisonment with remission as on 31.10.2019.
It is also submitted that the petitioner, along with co-accused has committed a brutal murder and, therefore, the categorization of the petitioner to undergo 26 years of imprisonment is just and proper.
At the outset, it is not disputed that the petitioner along with co-accused are convicted for the murders of four persons and attempt to murder of one person.
Fee of the learned counsel appointed for the petitioner is quantified at Rs. 2,000/- (Rs Two thousand only).

Section :
Section 147 Indian Penal Code, 1860 Section 148 Indian Penal Code, 1860 Section 149 Indian Penal Code, 1860 Section 302 Indian Penal Code, 1860 Section 307 Indian Penal Code, 1860

Cases Cited :

JUDGEMENT

PUSHPA V. GANEDIWALA, J.

1. Rule. Rule is made returnable forthwith and heard finally Shri A.A. Pannase, learned counsel (appointed) for the petitioner and Shri C.A. Lokhande, learned APP for the respondents.

2. The petitioner is a life convict for the offence punishable under Sections 147, 148, 302 read with Sections 149 and 307 of the Indian Penal Code.

3. By way of this petition, the petitioner challenges the order dated 27.04.2018 passed by respondent No. 1 categorizing the petitioner to undergo 26 years of imprisonment as per Government Resolution dated 15.03.2010.

4. The learned counsel for the petitioner submitted that till today, the petitioner has already undergone imprisonment of more than 26 years including remission.

5. On the contrary, the respondents in their reply affidavit submitted that the petitioner has completed 25 years 01 month and 20 days imprisonment with remission as on 31.10.2019. It is also submitted that the petitioner, along with co-accused has committed a brutal murder and, therefore, the categorization of the petitioner to undergo 26 years of imprisonment is just and proper.

6. We have considered the submissions made on behalf of both the parties.

7. At the outset, it is not disputed that the petitioner along with co-accused are convicted for the murders of four persons and attempt to murder of one person. It was a pre-meditated brutal act with exceptional depravity and deadly weapons were used to cause murders. In these circumstances, categorization of the petitioner in the category of 4(e) as per Government Resolution dated 15.03.2010 is just and proper.

8. In the circumstances, we are not inclined to interfere with the impugned order. Criminal Writ Petition is dismissed. Rule discharged. Fee of the learned counsel appointed for the petitioner is quantified at Rs.2,000/- (Rs. Two thousand only).