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D. Y. CHANDRACHUD, SURYA KANT
Nisar – Appellant
Versus
State of Uttar Pradesh – Respondent
ORDER
Writ Petition (Crl) No. 162/2019 (Nisar v State of Uttar Pradesh & Ors). WP (Crl.) No 536 of 2021 (Vivek Sharma v State of Uttar Pradesh & Anr) and WP(Crl) No 428 of 2021 (Zakir v State of Uttar Pradesh & Anr)
1. The petitioner (Nisar) in Writ Petition (Crl) No 162 of 2019 has been convicted for offences punishable under Sections 302, 307, 148 and 332 read with Section 149 of the Indian Penal Code I860[1] in Sessions Trial No 245 of 1989. The order of conviction was confirmed by the High Court by a judgment dated 20 May 1994. However, the sentence was commuted to life imprisonment. The petitioner has undergone imprisonment for a term of over 31 years with remission.
[1] "IPC"
2. The petitioner (Vivek Sharma) in Writ Petition (Crl) No 536 of 2021 has been convicted for offences punishable under Sections 302, 149, 201, 411 and 120B of IPC in Sessions Trial No 292 of 2006. The order of conviction was confirmed by the High Court. The petitioner has undergone imprisonment for a term of over 16 years without remission and 21 years and 4 months with remission.
3. The petitioner (Zakir) in Writ Petition (Crl) No 428 of 2021 has been convicted for offences punishable under Sections 302, 30
The court emphasized the importance of considering the eligibility for premature release of prisoners convicted and undergoing life imprisonment in accordance with the state's policy.
The State must adhere to its own legal provisions for considering cases of premature release in a fair and transparent manner.
The policy prevailing at the time of conviction is crucial for considering premature release of life convicts, and convicts opting to undergo sentence in open air jails are entitled to the benefit of....
The main legal point established in the judgment is that the pendency of an appeal does not bar the consideration of a premature release case, and the State's policy for premature release should be a....
The central legal point established in the judgment is that the arbitrary misuse of powers by the authorities in denying premature release, despite the petitioner fulfilling the parameters of the Pre....
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