Rajesh Umanath Shetty v. The State Of Maharashtra

SLJ 42-WP-6244-2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 6244 OF 2021 Rajesh Umanath Shetty

...Petitioner

V/s.

The State Of Maharashtra

...Respondent

None for Petitioner.

Mr. Ajay Patil, A.P.P. for the Respondent-State. CORAM : A. S. GADKARI AND PRAKASH D.NAIK, JJ.

DATE : 19th DECEMBER 2022.

P.C.:- .

Learned A.P.P. on instructions from Additional Secretary, Home Department, Mantralaya Mumbai submitted that, the case of Petitioner has been considered by the Government and he has been placed in category 3(B) as per Guidelines dated 11.05.1992 issued by the Government of Maharashtra, Home Department, Mumbai. That, the date of conviction and sentence of Appellant is dated 08.10.2002 and therefore the Guidelines dated 11.05.1992 are applicable to the Petitioner. He submitted that, the said category 3(B) is pari materia with category 4(D) as per Guidelines dated 15.03.2010 issued by the Government of Maharashtra, Home Department, Mumbai. That, as per the said categorization, Petitioner will have to undergo 24 years of imprisonment including remissions. Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2022.12.21 10:53:43 +0530 1/2 SAJAKALI LIYAKAT JAMADAR

SLJ 42-WP-6244-2021.doc 2.

In view of the above, nothing further survives in the present Petition.

Petition is accordingly disposed off.

3.

However, Petitioner is granted liberty to challenge the said categorization, if he is aggrieved by the same. (PRAKASH D. NAIK, J.) (A.S. GADKARI, J.) 2/2