Case Note & Summary
The petitioner, Pandhari Sitaram Shende, was a life convict sentenced under Section 302 of the Indian Penal Code. He filed a Criminal Writ Petition before the Bombay High Court, Nagpur Bench, seeking premature release upon completion of 65 years of age, relying on Government Resolution dated 10/01/2006 and an earlier Government Resolution of 1965. He contended that he had a right to automatic premature release the day after he turned 65. The respondent, State of Maharashtra, through the Superintendent of Central Jail, Nagpur, opposed the petition, stating that the process required verification of age and medical infirmity by a Medical Committee. The court, comprising Justices Sunil B. Shukre and M.W. Chandwani, heard the matter. The court observed that the Government Resolution does not confer an automatic right; it requires a finding by the competent authority regarding completion of 65 years and the prisoner's weakness. The Medical Committee met on 31/05/2018 and opined that the petitioner had become weak and had completed 65 years, making him eligible for premature release. On the same day, the petitioner was released after serving 14 years, 4 months, and 9 days. The court held that the petitioner's grievance was already addressed and the petition had become infructuous. The petition was dismissed accordingly.
Headnote
A) Criminal Law - Premature Release - Life Imprisonment - Government Resolution dated 10/01/2006 and Government Resolution of 1965 - The petitioner, a life convict under Section 302 IPC, claimed automatic premature release upon turning 65. The court held that the Government Resolution does not confer a right to automatic release; it requires recording of a finding by the competent authority regarding completion of 65 years of age and the prisoner having become so weak as to be unable to stand further imprisonment. The Medical Committee examined the petitioner and found him eligible on 31/05/2018, and he was released the same day. The petition was dismissed as the grievance was rendered infructuous. (Paras 2-4)
Issue of Consideration
Whether a life convict is entitled to automatic premature release upon completion of 65 years of age under the Government Resolution dated 10/01/2006 and the earlier Government Resolution of 1965.
Final Decision
The petition is dismissed as having become infructuous, since the petitioner was already released prematurely on 31/05/2018.
Law Points
- Premature release under Government Resolution is not automatic upon reaching age 65
- requires verification of age and medical infirmity by competent authority
- Government Resolution dated 10/01/2006
- Government Resolution of 1965
