Bombay High Court
SHIVAJI RAMA PAWARversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
Holding
The writ petition is disposed of, but the petitioner is entitled to challenge his categorisation through appropriate proceedings.
Summary
Shivaji Rama Pawar filed a criminal writ petition challenging his categorisation by the Maharashtra Home Department under Category 4(e) of the 15th March 2010 Guidelines, which mandates a sentence of 26 years including remissions. The Respondent State, through Mrs. P. P. Shinde, argued that the categorisation was proper and that the petition had no remaining relief. The Court observed that, in view of the categorisation, the prayers in the petition could not be entertained and ordered its disposal. However, the Court clarified that the petitioner retains the right to contest the categorisation through appropriate legal proceedings. Consequently, both the writ petition and the interim application filed therein were disposed of. The judgment underscores the procedural avenue available to challenge prison categorisation under the Guidelines.
Issues considered
- Whether the petitioner is liable to undergo a sentence of 26 years as per Category 4(e) of the 2010 Guidelines
- Whether the writ petition seeking relief against the categorisation can be entertained
Subjects
- criminal law
- prison categorisation
- sentence guidelines
- interim application
- writ petition
- procedural rights
Judgment
Digitally
signed by
HEMANT
HEMANT CHANDERSEN H.C. SHIV 43.w3422.23.doc
CHANDERSEN SHIV
SHIV Date:
2026.01.20
17:05:33
+0300 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.3422 OF 2023
IN
INTERIM APPLICATION NO.2352 OF 2025
Shivaji Rama Pawar …..Petitioner/Applicant
Vs.
The State of Maharashtra …..Respondent
__________________________________________
None for the Petitioner/Applicant.
Mrs. P. P. Shinde, APP for the Respondent-State.
__________________________________________
CORAM : A. S. GADKARI AND
SHYAM C. CHANDAK, JJ.
DATE : 8th JANUARY, 2026.
P.C.:-
1) Learned APP, on instructions from Senior Jailor, Nashik Road
Central Prison, Nashik submitted that the Home Department, Government
of Maharashtra has categorised the Petitioner and placed him in category
4(e) of 15th March 2010 Guidelines, issued by the Government of
Maharashtra. As per the said guidelines, the Petitioner will have to undergo
sentence of 26 years including remissions.
1.1) In view of the above, the prayers in the Petition are worked out
and nothing further survives in the Petition at this stage.
2) Petition is accordingly disposed off.
3) However it is made clear that, the Petitioner is entitled to
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H.C. SHIV 43.w3422.23.doc
challenge his categorisation to undergo sentence of 26 years, by adopting
appropriate proceedings.
4) In view of disposal of the Writ Petition, Interim Application
No.2352 of 2025 filed therein does not survive and is accordingly disposed
off.
(SHYAM C. CHANDAK, J.) (A.S. GADKARI, J.)
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