Nagpur: The Nagpur bench of Bombay high court recently directed the state govt to reclassify a life convict from the “gangster/contract killer” category to one applicable to murders committed by more than one person. Ruling that authorities could not invoke a harsher remission classification after courts rejected prosecution’s allegation of criminal conspiracy, a division bench comprising Justices Urmila Joshi-Phalke and Nivedita Mehta allowed a petition filed by Pravin Mishra from Mumbai, presently lodged in the open prison at Morshi in Amravati. Court quashed a Home Dept communication of Nov 3, 2025, which placed him in Category 6(a) under the state’s 2010 remission guidelines.As per petitioner’s counsel Mir Nagman Ali, Mumbai sessions court had convicted his client in 2016 for the murder of Ajit Yerunkar, bodyguard of a Mumbai builder, under Section 302 read with Section 34 of IPC, besides provisions of Arms Act and Bombay Police Act. His conviction was later upheld in appeal.The case before HC centred on the prisoner’s classification for remission purposes. The state categorised him under Category 6(a) — applicable to murders committed by ‘gangsters, contract killers, racketeers etc’, which requires a minimum imprisonment period of 28 years, including remission, subject to at least 14 years of actual imprisonment.Ali argued that Mishra ought to have been placed under Category 4(d), which covers murders committed by more than one person or a group of persons and prescribes a maximum imprisonment period of 24 years under the 2010 Govt Resolution.Examining the trial court judgement, the bench noted that the prosecution failed to prove the charge of criminal conspiracy under Section 120B of IPC. The trial court specifically held that it was not established that the accused conspired to kill the builder or acted pursuant to such a conspiracy. That finding also attained finality after being upheld in appeal.Referring to the state’s remission guidelines, the court held that Category 6(a) was inapplicable once the allegation that the murder was committed by gangsters or pursuant to a criminal conspiracy failed.Holding that Mishra’s case squarely fell within Category 4(d), the high court then directed the Home Department to reconsider Mishra’s classification accordingly.The bench ordered that the petitioner be categorised under the Category 4(d) of the remission guidelines in terms of the Govt Resolution of March 15, 2010.
