The reports, prepared by Kokhapur Civil Surgeon, indicated that 90-year-old Chamba Kamble and 80-year-old Hausabai Kohli were unable to move without support and they were incapable of looking after their personal hygiene.
Both convicts claimed premature release on health ground by invoking clause (ii) of Rule 27 of Maharashtra Prisons (Review of Sentences) Rules.
After perusing the medical reports, Justices Abhay Oka and S S Shinde asked their Counsel Arfan Sait to show how Rule 27 of the State Prison Rules would apply in their case and deferred the matter till January 3.
Kamble had pleaded she wanted to spend rest of her life with her near and dear ones while Hausabai, convicted for murdering her daughter-in-law for dowry, pleaded her daughter and grandson were keen to take her home.
Both wrote letters from Kolhapur Jail where they are undergoing the sentence.
On last occasion, the court had asked the state to take a stand on the plea made by convicts for early release.
More From This Section
However, the state informed the court that Governor K Sankaranarayanan had rejected their plea.
Kamble and Kohli then challenged the communication dated October 22 by which rejection of their prayer for release was communicated to them.
Advocate Arfan Sait, who was appointed by High Court's legal aid cell, said under the Maharashtra Prison Review of Sentence Rules, 1972, a medical officer can recommend early release of a convict on the ground he or she is suffering from illness which may aggravate the condition or result in death.
It was pointed out to the court as of January 31, including remissions, Kamble has undergone sentence for 7 years and 26 days. A certificate to that effect was issued by the Superintendent of Kolhapur Central Jail.
In case of Kohli, it was stated, she had served 17 years, one month and 22 days in jail.