Suresh Motiram Masram (In Jail) v. State Of Maharashtra, Thr. Secretary, Home Department, Mumbai And Others

crwp463.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL WRIT PETITION NO.463/2016 Suresh Motiram Masram (In Jail) ..vs.. The State of Maharashtra and ors. _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Shri R. Chhabra, Advocate Appointed for petitioner. Shri V. A. Thakare, A.P.P. for respondents-State. CORAM : B. P. DHARMADHIKARI AND V.M. DESHPANDE, JJ.

DATED :

MARCH 29, 2017 Heard Shri Chhabra, learned counsel (Appointed) for the petitioner. The petitioner seeks release from jail on the ground that he has already undergone the life imprisonment. The learned A.P.P. pointed out that by a order dated 04.08.2011, the petitioner has been categorized under category 1 (C) of guidelines dated 11.05.1992 or 2 (d) of guidelines dated 15.03.2010. He has to complete 28 years of actual imprisonment. Our attention is invited to paragraph 7 of the reply to show that the total imprisonment undergone on that date was about 22 years only.

Shri Chhabra submits that this order of categorization has not been assailed by the petitioner. In the circumstances, we grant the petitioner liberty to assail that order in accordance with law. With that liberty, keeping all the rival contentions open, we dispose of the writ petition.

Charges of the learned appointed counsel are fixed at Rs.1500/-.

JUDGE JUDGE kahale