Haresh Mahadev Kamble v. The State of Maharashtra & Ors.

Mr. N.N. Gavankar i/by Mr. Arfan Sait for the Petitioner Mr. A.S. Gadkari, Additional Public Prosecutor, for the State. A.A. KUMBHAKONI, JJ. DATE: SEPTEMBER 9, 2008 CORAM: B ILAL NAZKI P.C.:- The petitioner has been sentenced to life imprisonment for an offence under Section 377 of the Code of Criminal Procedure. He preferred an application for getting the benefit of the Guidelines framed under Section 433-A for the purpose of an early release. It is submitted that his application was considered under the earlier Guidelines framed in April, 1992. In April 2008, new Guidelines have been framed in terms of Section 432 of the Code of Criminal Procedure, and he prays that his case for premature release be considered under the new Guidelines. The learned Additional Public Prosecutor has no objection if a direction is given to the Government to consider the case of the petitioner afresh in terms of the new Guidelines.

For what has been stated above, no purpose would be served to keep this matter on Board, and the Writ Petition is accordingly allowed in terms of prayer (a). The Government shall consider the matter within a period of six weeks. BILAL NAZKI, J. A.A. KUMBHAKONI, J.