The principle of parity and compliance with release conditions and guidelines can warrant the release of a petitioner.

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, 353 and 34 IPC and sentenced to undergo life imprisonment and to pay fine of Rs.5, 000.00 and in default thereof suffer rigorous imprisonment for six months.

4. Petitioner filed Criminal Appeal No.1322 of 2013 against the order of conviction which came to be dismissed on 14/10/2014. According to the Petitioner he has also undergone actual imprisonment of almost 28 years including remissions in connection with the present case.

5. It is pleaded that the Superintendent of Kolhapur Jail submitted the case of the Petitioner to the State Government for remission as required under Rule 25 of the Maharashtra Prisoners (Review of Sentence) Rule 1972 and by order dtd. 9/7/2019 the State Government rejected the proposal in view of the nature of the offence attributable to the Petitioner. Alongwith the Petitioner two other co-accused viz. Gabriel @ Baba Hana Moben and Bacchi @ Ramchandra Sitlaprasad Pandey were also convicted in the same crime by the learned Sessions Court. The proposal for remission of Gabriel and Bacchi were also rejected by the State Government by ordr dtd. 9/7/2019.

6. Learned counsel Mr. Desai appearing on behalf of the Petitioner submits that the co-accused Gabriel challenged the order of rejection before the Hon'ble High Court, Bench at Aurangabad in Writ Petition No.1500 of 2019. By order dtd. 9/1/2020 the Aurangabad Bench directed the State Government to reconsider the proposal for premature released. The State Government by its order dtd. 4/1/2021, categorized Gabriel as a convict to be released on completing imprisonment of 26 years including all remissions and setoff subject to him having undergone atleast 14 years of actual imprisonment. Learned counsel has also placed on record copy of order dtd. 4/8/2021 passed by this Court in Writ Petition No.4619 of 2019 in the case of Bacchi @ Ramchandra Sitalprasad Pandey Vs. the State of Maharashtra wherein the order dtd. 9/1/2020 passed by the State Government categorising Bacchi in category 5(b) of Annexure-I to the Government Resolution / Guideline dtd. 15/3/2010 and ordering him to undergo imprisonment of 26 years was set aside and he was directed to be released on the same terms and conditions on which the co-convict Gabriel was ordered to be released by order dtd. 4/1/2021.

7. The Petitioner has invoked the applicability of the guidelines pertaining to categorization issued by the State of Maharashtra vide G.R. dtd. 15/3/2010 as also twin orders dtd. 4/1/2021 and 4/8/2021 passed by this Court in the case of Gabriel and Bacchi (two other co-accused with the present petition with the same offence) and argued that the Petitioner be treated on parity since he has suffered actual imprisonment of more than 28 years as on date including remissions and setoff and be released from imprisonment