A division bench comprising Justices Vinay Joshi and Vrushali Joshi allowed Gawli’s criminal petition challenging rejection of his claim for premature release in view of a January 10, 2006 government notification.The government has been directed to decide on his release within four weeks from the date of the order.
Gawli and 11 others were sentenced to undergo life imprisonment by a sessions court in Mumbai on August 3, 2012, for the murder of former Shiv Sena corporator Kamlakar Jamsandekar. A Special MCOCA (Maharashtra Control of Organized Crime Act) court, while pronouncing the judgment, awarded rigorous life imprisonment and also imposed Rs 17 lakh fine on him.
The application preferred by Gawli through counsel Mir Nagman Ali was rejected by the respondents, including the jail authorities, contending that the govt had issued a fresh notification on December 1, 2015, which excluded a MCOCA convict from the January 2006 policy. The January 2006 policy allowed any inmate completing 65 years of age and spending 14 years behind bars to avail its benefits.
Gawli’s counsel Mir Nagman Ali argued that the petitioner would be entitled to benefit of 2006 notification in view of the fact that he was convicted in 2011, and therefore, a subsequent notification, which came into force in 2015, would not be applicable to him.
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Nagpur bench of Bombay HC orders early release for Arun Gawli, challenging rejection based on a 2006 notification. Justices Vinay Joshi and Vrushali Joshi approve his petition. Gawli, with 11 others, sentenced by Special MCOCA court, may benefit from 2006 policy.