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2021 Supreme(SC) 402

NAVIN SINHA, V.RAMASUBRAMANIAN
BECHE LAL – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates Appeared:
For the Petitioner: Mr. Z.U. Khan, Adv. Mr. Yunus Malik, kAdv. Mr. Anish Maheshwari, Adv. Mr. Aman Malik, Adv. Mr. Samir Malik, AOR Mr. Jetendra Singh, Adv. Mr. Vijendra Kumar Kaushik, Adv. Ms. Kalpana Sabharwal, Adv. Ms. Priyanka Singh, Adv. Mr. Varun Punia, AOR Mr. Z.U. Khan, Adv. Mr. Sulaiman Mohd Khan, Adv. Mr. Ashish Choudhary, Adv. Mrs. Taiba Khan, Adv. Mr. Rohit Amit Sthalekar, AOR Mr. Rishi Malhotra, AOR
For the Respondent: Mr. Vinod Diwakar, AAG Mr. Sarvesh Singh Baghel, AOR Mr. B.N. Dubey, Adv. Ms. Pooja Singh, Adv. Mr. Amir Khan, Adv. Ms. Shivranjani Ralawata, Adv.

ORDER :

1. In this batch of writ applications, common relief is sought for premature release of persons sentenced to life imprisonment, after completion of over 14 years of imprisonment. The petitioners have remained incarcerated for actual periods ranging from 16 years to 24 years without remission and 20 years to 31 years with remission. The convictions are primarily under Section 302, 302/149 of the Penal Code. This Court under Article 32 of the Constitution has been passing orders from time to time for premature release of persons convicted either by setting aside the orders refusing grant of premature release on erroneous grounds as well as passing orders for release directly even though the person sentenced had not approached the authorities before institution of the writ petition.

In State of Haryana v. Jagdish, (2010) 4 SCC 216 explaining the manner for consideration of applications for premature release this Court observed as follows:

    “54. The State authority is under an obligation to at least exercise its discretion in relation to an honest expectation perceived by the convict, at the time of his conviction that his case for premature release would be considered after servin

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