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
