Bombay HC explains the concept of family feud for the purpose of grant of remission to convict

The term “family feud” as understood in common parlance and as per the meaning given in various dictionaries, essentially means a long-standing dispute between members of a family or between two families. The expression “family” has a broad meaning. It includes not just blood relatives but also relatives by affinity and those connected by law, extending up to various generations. Thus, a feud can arise even within the extended family. A family feud does not necessarily mean a dispute that has been going on for generations. When a prior dispute between family members of the same generation becomes the reason for a subsequent offence, the resulting conflict certainly amounts to a family feud.

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Considering the facts of the case and the above noted meaning of the word "family feud", the case of the petitioner will fall in category 3(b) which deals with "Murders arising out of Land Dispute, Family Feuds, Family Prestige, and Superstition, committed with premeditation" and not in 2(c), which deals with "offences relating to crime against women and minor, committed with exceptional violence and or with brutality".

IN THE HIGH COURT OF BOMBAY (AURANGABAD BENCH)

Criminal Writ Petition No. 364 of 2026

Decided On: 09.09.2026

Devidas Vs. State of Maharashtra and Ors.

Hon'ble Judges/Coram:

Sandip Kumar Chandrabhan More and Vaishali Patil Jadhav, JJ.

Author: Vaishali Patil Jadhav, J.

Citation: 2026:BHC-AUG:41949-DB,MANU/MH/5860/2026

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Bombay HC: Category For Premature Release More Beneficial To Convict Will Apply If Case Falls Under Two Different Categories Within Same Guidelines

Thus Supreme Court has held that in case of convicts the

policy which was prevalent when the conviction takes place will apply and if any other liberal policy prevails on the date of consideration of case for premature release then such policy will apply. The said principle of giving benefit to the convict of beneficial policy certainly applies to the two different policies/guidelines but the same will also apply to the categories in the same policy/guidelines, if case falls under both the categories.

10. The present case is squarely governed by the Guideline no. 4 (c)

as the murder took place as a result of trade union activities. Even if, it

is assumed that the petitioners’ case falls under both the categories

namely category no. 4 (c) and category no. 4 (d) of 2010 Guidelines,then also, it is clear that more beneficial category i.e. category no. 4 (c) will apply to the Petitioners’ case.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL WRIT PETITION NO. 4544 OF 2021

Uday Dhaku Sutar Vs The State of Maharashtra & Anr. 

CORAM : REVATI MOHITE DERE &

MADHAV J. JAMDAR, JJ.

DATED : 8 th SEPTEMBER 2022

Order : (Per Madhav J. Jamdar J.)

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