Bombay High CourtWP/968/2024disposedoff

Shri. Umashankar @ Alias Bapu Shriram Potbhare v. The State Of Maharashtra Thr. Its Secretary, Home Depatment, Mantralya, Mumbai And Another

2025-09-03Hon'Ble Shri Justice Anil L. Pansare , Hon'Ble Shri Justice Siddheshwar Sundarrao Thombre2 pages

1 cr. wp 968.2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO. 968 OF 2024 [Shri Umashankar @ Bapu Shriram Potbhare (in jail) vs. State of Maharashtra, through its Secretary, Home Department and anr.] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------------ - - - Mr. Kunal Dhoble, Advocate for the petitioner Mr. A. B. Badar, APP for the State/respondents CORAM: ANIL L. PANSARE AND SIDDHESHWAR S. THOMBRE, JJ.

DATED : 03-09-2025.

Heard for some time.

The petitioner is seeking premature release. Respondent no. 1 has rejected the request on the count that he has not undergone requisite period of imprisonment as envisaged under Government Resolution dated 15-3-2010. The petitioner falls in the category 4(e), which provides for release after 26 years of imprisonment (where the offence i.e. murder committed is exceptional, violent or brutal). In the present case, the petitioner is convicted for committing brutal murder of two persons.

We have, however, noticed that while passing order, the information/report of the Sessions Court in terms of Section 432(b) of the Code of Criminal Procedure, 1973 has been not obtained and considered.

Learned Additional Public Prosecutor shall take instructions on this point.

List in the week commencing from 8-9-2025.

2 cr. wp 968.2024 All concerned to act on steno/uploaded copy of the order.

(S. S. THOMBRE, J.) (A. L. PANSARE, J.) wasnik Signed by: Mr. A. Y. Wasnik Designation: PS To Honourable Judge Date: 03/09/2025 17:54:25