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Bombay High Court

DEVIDAS ADINATH HALEGHONGDE (C-5706)versusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal
RULE ABSOLUTE

Holding

When a convict’s case falls under multiple categories of the 2010 Guidelines, the more beneficial category must be applied, so the petitioner is to be placed under Category 3(b) rather than Category 2(c).

Summary

Devidas, convicted of murder, attempted murder and related offences under Sections 302, 307, 452 and 34 of the IPC, sought premature release under the 2010 Government Guidelines. The State placed him in Category 2(c) requiring 26 years of imprisonment, citing "exceptional violence". The petitioner argued the offence arose from a long‑standing family feud and should fall under Category 3(b), which requires only 22 years. The Court examined the definitions of "family feud", the relevant Guidelines, and Supreme Court precedents (Jagdish, Uday) that a more beneficial category must be applied when multiple categories are possible. Applying this principle, the Court held that Category 3(b) was appropriate and more beneficial. Consequently, the order placing him in Category 2(c) was quashed and he was directed to be placed in Category 3(b).

Issues considered

  • Whether the petitioner should be classified under Category 2(c) or Category 3(b) of the 2010 Guidelines for premature release
  • Whether the principle of applying the more beneficial category under the Guidelines applies when multiple categories are attracted

Legislation cited

Subjects

  • premature release
  • Category 3(b)
  • family feud
  • Guidelines 2010
  • remission
  • Section 432 CrPC
  • exceptional violence
  • murder conviction

Judgment

2026:BHC-AUG:41949-DB

                                                                    364.2026WP(4)



                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                          CRIMINAL WRIT PETITION NO. 364 OF 2026

                          Devidas S/o Adinath Haleghongde (C-5706)
                          Age : 58 years, Occ : Convict,
                          At present confined in Open Jail
                          Paithan, Dist. Chhatrapati Sambhajinagar
                                                           ... PETITIONER
                                VERSUS

                   1.     State of Maharashtra,
                          Through Superintendent of Jail,
                          Open Jail Paithan,
                          Dist. Chhatrapati Sambhajinagar.

                   2.     Secretary,
                          Home Department (Prison),
                          Mantralaya, Mumbai.
                                                          ... RESPONDENTS
                                                 ...
                   Mr. Rupesh A. Jaiswal, Advocate for the Petitioner
                   Mr. N. B. Patil, APP for Respondent/s - State
                                                 ...

                          CORAM             : SANDIPKUMAR C. MORE &
                                              VAISHALI PATIL-JADHAV, JJ.

                          RESERVED ON  : 28th August, 2026
                          PRONOUNCED ON 9th September, 2026



                   JUDGMENT [Per Vaishali Patil-Jadhav, J.] :

                   .           Rule. Rule made returnable forthwith. Heard

                   finally with the consent of learned advocate for the

                   petitioner and the learned APP.




                                                                               1
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2.             By way of this criminal writ petition, the

petitioner, who is the original convicted accused no. 1 in

Sessions Case No. 118 of 2010, is seeking quashment of

the order dated 02.02.2026 passed by Respondent No.2-

State, whereby he is placed under Category 2(c) of the

Guidelines issued under Government Resolution dated

15.03.2010 (hereinafter referred to as "Guidelines of 2010"),

prescribing 26 years period of imprisonment (including

remissions) to be undergone for considering the proposal

for premature release. It is also prayed to direct Respondent

No.2 to place him under Category 3(b) of the Guidelines of

2010,    prescribing    22   years   period   of   imprisonment

(including remissions), and then, to direct Respondent No.1

to release the petitioner forthwith.


3.             The petitioner was convicted by the learned

Additional Sessions Judge-4, Nanded, in Sessions Case

No.118 of 2010 on 11.05.2012 for the offences punishable

under Sections 302, 307, 452 read with Section 34 of the

Indian Penal Code and sentenced to suffer imprisonment

for life. The petitioner had preferred an appeal against his

conviction before this Court by filing Criminal Appeal

No.403    of    2012,   which   came    to    be   dismissed   on

                                                                 2
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08.09.2015.     The    petitioner   has     undergone      actual

imprisonment of 14 years and 2 months, and 22 years, 6

months and 29 days inclusive of all remissions till

28.02.2026.


4.          Learned advocate for the petitioner submits that

the impugned order is passed erroneously. It is submitted

that the petitioner ought to have been placed under

category 3(b) of the Guidelines of 2010, and not under

category 2(c), as the crime committed by the petitioner

clearly arises out of a family feud/family dispute and does

not   involve   “exceptional   violence”   as   alleged   by   the

respondents.


            Learned advocate submits that the facts and

evidence on record, more particularly the judgment of the

learned Additional Sessions Judge-4, Nanded, in Sessions

Case No. 118 of 2010, clearly establish that the incident

was rooted in a long-standing family dispute. The crime

was a direct outcome of a family feud, and hence the

petitioner deserves to be categorized under Category 3(b).

            Learned advocate in support of his arguments

relied on the judgment in the case of State of Haryana

and Ors. Vs. Jagdish, [2010 AIR (SC) 1690] and Vinod
                                                   3
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Bapurao Sontakke and another Vs. The State of

Maharashtra and others in Criminal Writ Petition

No.160 of 2024 dated 25.09.2024.


5.          Per contra, learned APP supports the impugned

order and submitted that the petitioner was convicted for

the offence punishable under Sections 302, 307, 452 read

with Section 34 for causing the death of Laxmibai by

assaulting her with a 'katti' and iron pipe, along with co-

accused. According to him, considering the nature of the

offence and the manner in which it was committed, the

State Government has rightly placed the petitioner under

Category 2(c) of the Guidelines of 2010. Learned APP

further submits that the brutal manner of assault on

multiple victims, including the complainant, her daughter

and   her   mother,   clearly   falls   within   the   ambit     of

“exceptional violence.”

6.          Heard learned Advocate Mr. Rupesh Jaiswal for

the petitioner and learned APP Mr. N. B. Patil for the

respondent- State.

7.          The only question before us is whether the

petitioner should be placed under category 2(c) or category

3(b) of the Guidelines of 2010 ?
                                                                  4
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           8.          For    ready     reference,      we    have    reproduced

           category 2(c) of the Guidelines of 2010, wherein the

           petitioner is placed by order dated 02.02.2026 as well as

           category 3(b), which the learned advocate for the petitioner

           has relied upon in support of the claim for premature

           release, which read thus :


           Category 2(c) of the Guidelines of 2010 :-

Category    Sub        Categorisation of Crimes        Period of Imprisonment to be
No.         category                                   undergone including remission
                                                       subject to a minimum of 14
                                                       years of actual imprisonment
                                                       including set off period.
   2                   OFFENCES RELATING TO
                       CRIME AGAINST WOMEN
                       AND MINOR

                c      Where the crime is committed              26 years
                       with Exceptional violence and
                       or with brutality or death
                       victim due to burns.




           Category 3(b) of the Guidelines of 2010 :-

Category    Sub        Categorisation of Crimes        Period of Imprisonment to be
No.         category                                   undergone including remission
                                                       subject to a minimum of 14
                                                       years of actual imprisonment
                                                       including set off period.
   3                   MURDERS ARISING OUT OF
                       LAND DISPUTE, FAMILY
                       FEUDS, FAMILY PRESTIGE
                       AND SUPERSTITION.
                b      Crime committed as above                  22 years
                       with premeditation, either
                       individually or by a gang.




                                                                                  5
                                                   364.2026WP(4)



9.         In the present case, the learned Additional

Sessions Judge, Nanded (the convicting Court), has opined

that the petitioner, having regard to the nature of the

offence, is not entitled to premature/early release from jail.

This opinion must, however, be examined in the light of the

Full Bench decision of this Court in Yovehel Vijaykumar

Gouri Vs. State of Maharashtra, reported in 2020 (6)

Mh.L.J. 571. The Full Bench has laid down that the

opinion of the Presiding Judge of the trial court, when

expressed under Section 432 of the Code of Criminal

Procedure (for short Cr.P.C.), is binding on the authorities

while deciding an application for grant of remission.

However, such opinion must be reasoned and must reflect

due consideration of the facts of the case, the nature of the

offence,   manner   of   its   commission    and   applicable

guidelines as required under Section 432(2) of Cr.P.C. If the

opinion of the Convicting Court is perused, it is not in

consonance with the requirements under Section 432(2) of

Cr.P.C.


10.        The office of the Superintendent of Police,

Nanded, has submitted a report recommending that

premature release should not be granted to the petitioner,
                                                              6
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apprehending that releasing the petitioner prematurely

could lead to a breach of law and order as well as a breach

of the peace. The District Magistrate, Nanded, has agreed

with the said report.



11.        The Prison Advisory Board Committee and the

Inspector General of Police (Prisons) and Correctional

Service,   Maharashtra      State,    Pune,    taking      into

consideration the nature of the crime and in accordance

with the law laid down by the Hon’ble Supreme Court in

Jagdish (supra), have opined that the petitioner’s case falls

under Category 2(c) of the Guidelines of 2010 and have

recommended his release after 26 years (inclusive of all

remissions).


12.        The petitioner wants his case to be considered

under the category 3(b) pertaining to murders arising out of

family feuds. It is relevant, in this context, to consider the

dictionary meaning of the word "feud". "Feud" is defined

under various dictionaries as follows :-

OXFORD ADVANCED LEARNER’S DICTIONARY :


Family : a group consisting of one or two parents and their
children : the other members of family.

                                                              7
                                                   364.2026WP(4)




Feud : an angry and bitter argument between two people or
groups of people that continues over a long period of time :
a family feud (= within a family or between two families).


COLLINS ENGLISH DICTIONARY :


Family : a primary social group consisting of parents and
their offspring, the principal function of which is provision
for its members.


Feud : long and bitter hostility between two families, clans,
or individuals ; vendetta, a quarrel or dispute.


BLACK’S LAW DICTIONARY :


Family : A group of persons connected by blood, by affinity,
or by law, esp. within two or three generations. 2. A group
consisting of parents and their children. 3. A group of
persons who live together and have a shared commitment
to a domestic relationship.


Blood feud : A state of hostility between families in which
one family seeks to avenge the killing of one of its members
by killing a member of the other family.


CAMBRIDGE LEARNER’S DICTIONARY :


Family : a group of people who are related to each other,
such as a mother, a father, and their children
                                                              8
                                                       364.2026WP(4)




Feud : a serious and sometimes violent argument between
two people or groups that continues for a long period.


            These      dictionary     definitions      collectively

contemplate "family feud" as a long standing dispute arising

out of family relationships.


13.         Independently, we would take note of the facts of

the case as appearing in the judgment and order dated

11.05.2012 passed by the learned Additional Sessions

Judge-4, Nanded, in Sessions Case No.118 of 2010, in

paragraphs 10 and 46, which read thus :-

      "10- POINT Nos. 1 to 5 :- The admitted facts in this case
      are that the accused Nos. 1 and 2 are the husband and son
      of the complainant. PW-2 is the daughter of accused No.1 &
      PW-1 and sister of accused No.2. the complainant had a
      brother Dattatraya. He married with one Anita. Anita and
      Dattatraya were not sailing well as such, Anita had filed
      criminal case against the complainant, her husband
      Dattatraya and mother-in-law-deceased Laxmibai. At the
      same time, the accused No.1 and complainant were not
      sailing well. As such, the complainant has filed case
      against accused No.1 u/sec. 498-A of I.P.Code. Previously,
      PWs. 1 and 2 and accused Nos. 1 and 2 were residing
      together at Dhanegaon. Thereafter it is the contention of the
      PW-1 that accused No.1 developed love relations with
      accused No.4 Laxmibai. Thereafter they performed court
      marriage. As such, the accused No.1 and accused No.4
      were residing separately. Accused No.1 was a teacher at
      Dhanegaon. After some period of time, accused No.2 joined
      accused No.1 and accused No.4 Laxmibai. The murder of
      Dattatraya who was the brother of complainant was
                                                                  9
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      committed on 15-07-2008. Since then the accused Nos.1
      and 2 were absconding. In that case, the mother of
      complainant-deceased Laxmibai had filed complaint
      against accused Nos. 1 and 2. In that case, PWs. 1 and 2
      were the witnesses. Therefore, the prosecution claims that
      the accused Nos.1 and 2 had developed grudge against the
      complainant, PW-2 Bhagyashree and deceased Laxmibai.
      Hence, on 13-11-2008 accused attempted to commit the
      murder of Meenabai and caused the death of her deceased
      mother Laxmibai Malikarjun Jadile. Further it is also not in
      dispute that the death of deceased Laxmibai is homicidal.
      The prosecution claims that it is a murder committed by the
      accused whereas the defence taken by the accused in
      cross-examination of the witnesses is that thieves caused
      the death of deceased Laxmibai, as such, the accused Nos.
      1 and 2 have no concern with the offences charged against
      them. The accused Nos. 1 and 2 were absconding and
      traced after about 1 1/2 years. At the time of incident, PW-1
      was residing at Dhanegaon, Vinkar Vasahat and her
      mother resides at some distance therefrom."

      46. ....................Thus, even looking to the case in hand,
      there is prompt FIR by the complainant, she is the victim of
      the assault and her testimony and testimony of PW-2
      coupled with the other witnesses examined by the
      prosecution, their version corroborates with each other. As
      such, it inspires confidence to believe the same, therefore, I
      hold that the prosecution has proved the guilt of the
      accused Nos. 1 and 2 beyond reasonable doubts for the
      offences punishable u/secs. 452, 324, 307 and 302 r/w 34
      of I.P.Code and u/sec. 4/25 of Arms Act. ..... "

14.         The petitioner had challenged the said judgment

and order of the Sessions Court by filing Criminal Appeal

No.403 of 2012 before this Court and the same was

dismissed on 08.09.2015.         While dismissing the Appeal,

this Court in paragraph 17 has observed as follows:-


                                                                  10
                                                       364.2026WP(4)



      "17. The next submission by the learned counsel for the
      appellants is that a lower offence is proved and not the
      offence of murder. We do not agree. In the first place, the
      appellants were absconding in the murder case of
      Dattatraya and during abscontion having come to know
      about PW 1 Meena and PW 2 Bhagyashree being witnesses
      in that case, they entered the house of PW 1 Meena, PW 2
      Bhagyashree and her mother Laxmibai and attacked them
      with deadly weapons like katti and iron pipes. PW 1 Meena
      was severely assaulted by deadly weapons and suffered
      several injuries and was luckily saved. PW 2 Bhagyashree
      was also injured. Laxmibai was also assaulted with
      deadly weapons with chop wounds all over the body, who
      died instantaneously. The appellants have acted brutally
      against their blood relatives. Looking to the injuries caused
      by the appellants, the weapons chosen by them for assault
      and the determination with which they entered the house of
      Meena, Bhagyashree and Laxmibai at 6.00 a.m., to our
      mind no other offence except the murder is proved by the
      prosecution against the appellants."

15.         In the case in hand, the facts clearly indicate a

chain of disputes between the petitioner, the complainant

and the deceased, who admittedly are members of the same

family. The complainant Meenabai is the wife of the

petitioner (husband) and their son is accused No. 2. The

petitioner and the complainant i.e. husband and wife were

not having cordial relations for about seven years prior to

the incident, and the complainant (wife) was residing at her

parental house along with her mother, deceased Laxmibai.

Deceased Laxmibai - mother-in-law of the petitioner had

filed a complaint against him and his son for murder of her

                                                                11
                                                     364.2026WP(4)



son Dattatraya, wherein the complainant and her daughter

Bhagyashree were witnesses. Due to filing of the complaint,

the petitioner and his son had developed a grudge against

Meenabai- the complainant (wife), Bhagyashree- their

daughter and Laxmibai- mother-in-law of petitioner. Hence

they both assaulted them. In the said assault, the

complainant and Bhagyashree were severely injured and as

Laxmibai was assaulted with a deadly weapon, she died

instantaneously.


16.        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.
                                                              12
                                                  364.2026WP(4)



           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".


17.        Further at this stage, it would be apposite to

refer to the law laid down by the Hon'ble Supreme Court in

the matter of Jagdish (supra). In that case, the issue

before the Hon'ble Supreme Court was whether a convict's

case for premature release ought to be considered under

the policy prevalent at the time of his conviction or under a

subsequent policy. The convict in that case was entitled to

the benefit of a more liberal policy that existed on the date

of his conviction. However, the State sought to apply a

subsequent policy which was less beneficial to him. The

Hon'ble Supreme Court clarified that while the policy in

force at the time of conviction ordinarily applies, if a more

liberal policy is introduced and is in force on the date when

the convict's case is actually considered for premature

                                                           13
                                                   364.2026WP(4)



release, the convict must be afforded the benefit of such a

favourable policy.

18.        Taking into consideration the principles laid

down in Jagdish (supra), this Court [Coram: Revati Mohite

Dere & Madhav J. Jamdar, JJ.] at Principal Seat in the

matter of Uday S/o Dhaku Sutar Vs. The State of

Maharashtra and Anr.; Criminal Writ Petition No. 4544

Of 2021, dated 08.09.2022 has held :-

      “9. ….
            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.”

19.        Thus, considering the law laid down by the

Hon'ble Supreme Court in the case of Jagdish (supra) and

Uday (supra), the underlying principle is that the benefit of

a liberal policy must be extended to a convict. This

principle is not confined merely to a situation where

policies have changed over time, but is equally applicable


                                                              14
                                                  364.2026WP(4)



when a convict's case falls under different categories within

the same set of Guidelines. In a situation where the facts of

the case attract multiple categories under the very same

Guidelines, the category which is more beneficial to the

convict must be considered and shall be made applicable to

him.


20.          Applying the aforementioned principle in the

instant case, category 3(b) of the Guidelines of 2010 would

be more beneficial to the petitioner as it requires a total

imprisonment of 22 years to be undergone including

remission for premature release as against 26 years under

category 2(c). Therefore, the petitioner is entitled to be

placed under category 3(b) of the Guidelines of 2010. As

such, we pass the following order:

                            ORDER

(i)     The Writ Petition stands allowed.

(ii)    The impugned order dated 02.02.2026 passed by

        respondent no.1, is hereby quashed and set aside.

(iii)   The respondents are directed to place the petitioner

        under category 3(b) of the Guidelines issued under

        Government Resolution dated 15.03.2010.



                                                            15
                                                  364.2026WP(4)



(iv)   Necessary order to that effect shall be passed within

       15 days from the date of this order.

(v)    Rule is made absolute in the above terms and the

       petition is disposed of accordingly.




[VAISHALI PATIL-JADHAV]           [SANDIPKUMAR C. MORE]
          JUDGE                               JUDGE




sga




                                                           16


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