Kolhapur: After spending 36 years behind bars, Ronald Alvares (65), convicted of rape and murder, walked out of Kolhapur's Kalamba central jail on May 3. This followed a directive from the Kolhapur bench of the Bombay high court for his "immediate release," as the state failed to comply with the court's earlier March 7 order that mandated his release.
Court's Observations
The bench of Justice Madhav Jamdar and Justice Pravin S Patil expressed shock at the state's inaction. "This is a shocking case," the bench remarked, noting that the March 7 order required Alvares's release upon completion of 30 years of imprisonment, including remission. The court highlighted that Alvares had actually served 31 years of imprisonment, with a total of 36 years including remission, yet the order remained unfulfilled.
The bench stated, "The conduct of Respondent No. 1 – State of Maharashtra is in violation of the fundamental rights of the petitioner guaranteed under Article 21 (right to life and personal liberty) of the Constitution of India." It noted that 53 days had elapsed since the March 7 order, and the state had neither filed a Special Leave Petition (SLP) in the Supreme Court against the order nor complied with it. The state's counsel informed the bench that permission had been granted to challenge the order before the Supreme Court.
Background of the Case
Alvares was convicted in 1992 by a district and sessions court in Pune for the murder of a couple and their son, robbery, and the rape of a woman. He was sentenced to death along with two others, a sentence confirmed by the Bombay high court in 1996. However, the Supreme Court commuted the death sentence to life imprisonment, which implied a 30-year jail term.
On September 19, 2025, the state government issued an order imposing an additional 10 consecutive years for gang rape under Section 376(2)(g) of the Indian Penal Code, to be served after Alvares completed his 30-year life sentence with remission. Alvares challenged this in the high court.
High Court Ruling
The high court upheld the state's position that Alvares should be released after completing 30 years of imprisonment including remission. However, it ruled that the additional 10-year term was unsustainable and erroneous, citing a Supreme Court ruling on life sentences. The court disposed of the petition on March 7, directing Alvares's release, which was finally executed on May 3.
