Kavita W/O. Ajay Medhe v. The State Of Maharashtra And ANR

19WP1646.2020 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD.

CRIMINAL WRIT PETITION NO. 1646 OF 2020 Kavita w/o Ajay Medhe ...Applicant

Versus

The State of Maharashtra & Ors.

...Respondents

.....

Shri. Rupesh A. Jaiswal, Advocate for the applicant (Absent) Shri. A. S. Shinde, APP for respondents .....

CORAM : T. V. NALAWADE AND B. U. DEBADWAR, JJ.

DATE : 20th January, 2021 PER COURT : - 1.

The present criminal writ petition has been filed seeking directions to respondent no. 2 to take decision on the application filed by the petitioner for her premature release. She has been sentenced to life imprisonment.

2.

Today, learned APP produced a communication dated 19th January, 2021 issued by the Additional Secretary of the Home Department, State of Maharashtra.

3.

Perusal of the aforesaid communication shows that, the petitioner has not served 14 years of actual imprisonment. She has SG Punde, PA

19WP1646.2020 -2served actual imprisonment of 12 years 07 months and 07 days. In fact, a convicted person who has been sentenced to life imprisonment needs to complete the jail term of at least 14 years and as per the rules framed, the State can consider the premature release of the convict. The petitioner has not yet served actual imprisonment of 14 years and hence her prayer cannot be considered. 4.

The Criminal Writ Petition stands dismissed.

[ B. U. DEBADWAR ] [ T. V. NALAWADE ] JUDGE JUDGE SG Punde, PA