SHARIF BADSHAH KHAN vs STATE OF MAHARASHTRA AND ORS

Judgment text excerpt

KSG 30-WP-2505-2025.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 2505 OF 2025 Md.Sharif Badshah Khan … Petitioner V/s. The State of Maharashtra & Ors … Respondents _______________________________________ Mr. Aniket Vagal a/w Mr. S.Kolhekar, Ms.Juhi Kadu, Mr. Kunal Pednekar for the Petitioner. Mr. Ashish I. Satpute, A.P.P. for Respondent No.1-State. Ms. Suvarna Chorge, Jailor Gr.II, Nashik Jail is present in Court. _______________________________________ CORAM : A. S. GADKARI AND RANJITSINHA RAJA BHONSALE, JJ. DATE : 6th October, 2025. Judgment (Per. A.S. Gadkari. J) :- 1) By this Petition under Article 226 of the Constitution of India, the Petitioner has impugned the Order dated 14 th May, 2021, passed by the Competent Authority i.e. the Respondent No.2, placing him in category 4(d) of 15th March, 2010, guidelines issued by the Government of Maharashtra, Home Department. 1.1) Category 4(d) of the said guidelines reads as under :- Category No. Sub Categorization of Crime Period of imprisonment Category to be undergone including remission subject to a minimum 14 years of actual imprisonment including set off period 4. MURDERS FOR OTHER REASONS (d) Murder committed by more than one 24 person/group of persons 1/3 KSG 30-WP-2505-2025.doc 2) Perusal of the Judgment and Order passed by the trial Court indicates that, there were disputes between family members of the Petitioner and the informant, Smt.Gausabi Farid Shaikh. On the fateful day, the Petitioner alongwith other two accused persons went to the house of informant and assaulted Noor Mohammad. He succumbed to injuries while undergoing treatment. The trial Court has convicted the Petitioner and co- accused under Section 302 read with 34 of the Indian Penal Code and senten