Back
BHARATI DANGRE, MANJUSHA DESHPANDE
Sachin Manohar Khambe – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
BHARATI DANGRE, J.
1. The Petitioner/Convict, who has undergone 22 years and 1 month of actual imprisonment and over 28 years and 8 months of imprisonment, including remission, has filed the present Petition praying for quashing and setting aside the order dated 19/01/2024, passed by the State Government, thereby categorising him in clause 6(c) of the 2010 Guidelines and seeking a direction that instead, he deserve categorisation under clause 3(d) of the 1992 Guidelines, in regard to the punishment of life imprisonment imposed upon him on being found guilty of offence under Section 302 read with Section 34 and/or read with Section 120-B of IPC in MCOC Special Case No.13 of 2000.
2. We heard Dr.Yug Mohit Chaudhry for the Petitioner, who has invited our attention to the factual background in which the relief in the Petition is sought by the Petitioner. Ms.Kaushik, the learned A.P.P. represent the State.
3. By consent of the above counsel, we issue ‘Rule’ and have taken the Writ Petition for final hearing.
On assimilating the facts, it has become evident to us that the Petitioner is convicted in two MCOC cases i.e. MCOC Spl.Case No.13 of 2000 and MCOC Spl.Case No.01 of 2010.
In M
The court established that under Section 427 of the CrPC, life sentences can run concurrently, impacting eligibility for remission based on the nature of convictions.
Direction for 10-year sentence under gang rape provision to run consecutively after life imprisonment overruled by Constitution Bench; life sentences superimposed, not consecutive, preventing additio....
Point of law : Life convict - Remission policy as on the date of conviction of accused, educational qualifications, more particularly higher qualifications acquired by the life-convicts while serving....
Point of Law : Under sub-section (2) of S.31, there cannot be a sentence exceeding 14 years.
Sentence - Trial Court has awarded sentence to be run separately which has been affirmed by Divisional Bench of this Court also, therefore, this Court cannot issue direction to run both the sentences....
Point of Law : While multiple sentences for imprisonment for life can be awarded for multiple murders or other offences punishable with imprisonment for life, the life sentences so awarded cannot be ....
Prior term sentences must be served before subsequent life sentence under Section 427(1) CrPC unless court directs concurrency; Section 427(2) applies only when prior sentence is life imprisonment.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
