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2022 Supreme(Bom) 2024

MILIND N. JADHAV
Mohd. Arshad Mohd. Tahir – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
Milan Desai, Advocate, Saeeda Shaikh, Advocate, K.V.Saste, Advocate

JUDGMENT

1. Heard learned counsel appearing for the parties.

2. By the present petition, Petitioner has prayed for the following main reliefs:

    "(c) That this Hon'ble Court be pleased to direct that the remaining sentence of the Petitioner in S.C. No.218/99 in C.R. No. I-89/93 registered with Vitthalwadi Police Station be commuted and the Petitioner be forthwith released from jail in connection with the said case. (d) That in alternative this Hon'ble Court be pleased to direct the Respondent No.3 to consider the case of the Petitioner for premature release as per the provisions of RULE 6 R/ W RULE 16, RULE 17, RULE 25, RULE 21, RULE 23 OF THE MAHARASHTRA PRISONERS (REVIEW OF SENTENCE) RULES and s.432 and 433 of the CODE OF CRIMINAL PROCEDURE on connection with the sentence imposed in S.C. No.218/99 in C.R.No. I-89/93 registered with Vitthalwadi Police Station."

    3. Petitioner was arrested on 18/2/1993 in connection with C.R. No.I-89 of 1993 for the offence punishable under Sec. 302 of the Indian Penal Code, 1860 (for short "IPC"). By order dtd. 29/11/2013 the learned Sessions Judge at Kalyan convicted the Petitioner for the offences punishable under Sec. 302 read with 120B, 450, 506,

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