Ajay Kisan Dungarshi's plea for early release denied as court affirms categorization under exceptional violence provision
In a significant ruling, the Bombay High Court dismissed the writ petition filed by Ajay Kisan Dungarshi, also known as Pintu, seeking early release from imprisonment. The court affirmed the Government of Maharashtra's classification of his case under a category involving "exceptional violence and brutality," thereby denying him the benefits of a lesser sentence category.
The judgment, delivered by Justices Sarang V. Kotwal and Ashish S. Chavan, revolved around the Government Resolution dated 15th March 2010, which categorizes cases for remission of sentences. Dungarshi's counsel argued that his case should fall under category 2(b) of the resolution, which would have entitled him to a reduced imprisonment period of 22 years. However, the court found that the evidence, which included 21 incised wounds on the victim, justified the government's classification under category 2(c). This category mandates a longer imprisonment term of 26 years due to the crime's exceptional violence.
The court's decision referenced the trial court's findings, which underscored the brutality of the crime committed by Dungarshi, following the victim's refusal to marry him. The judgment emphasized that the crime's nature met the criteria for category 2(c), supporting the government's decision to classify it as such.
The dismissal of the writ petition reaffirms the government's stance on handling cases involving extreme violence, underscoring the judiciary's commitment to upholding stringent measures in such instances.
Bottom Line:
Government Resolution categorizing cases for remission of sentence - Case involving exceptional violence and brutality rightly placed under category 2(c) - Petitioner not entitled to benefit under category 2(b).
Statutory provision(s): Government Resolution dated 15th March 2010, Category 2(b) and 2(c) of Annexure I
Ajay Kisan Dungarshi @ Pintu v. State of Maharashtra, (Bombay)(DB) : Law Finder Doc id # 2947604
