Mafabhai Motibhai Sagar vs State of Gujarat

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(SC) 959

ABHAY S. OKA, AUGUSTINE GEORGE MASIH
Mafabhai Motibhai Sagar – Appellant
Versus
State of Gujarat – Respondent

Advocates appeared:
For the Petitioner(s): Mr. Rauf Rahim,Sr.Adv. Mr. Ali Asghar Rahim,Adv. Mr. Shekhar Kumar, AOR
For the Respondent(s): Ms. Aishwarya Bhati, A.S.G. Ms. Swati Ghildiyal, AOR Ms. Devyani Bhatt, Adv. Ms. Shreya Jain, Adv.

JUDGMENT :

ABHAY S. OKA, J.

1. Leave granted.

2. The issue involved in this appeal is as regards the legality of the conditions imposed while remitting the life sentence of the appellant in the exercise of powers under subsection (1) of Section 432 of the Code of Criminal Procedure, 1973 (for short ‘the Cr.P.C.’). There is an identical provision in the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘the BNSS’) in the form of subsection (1) of Section 473.

FACTUAL ASPECTS

3. The appellant was convicted for the offence punishable under Section 302 read with Sections 147 and 148 of the Indian Penal Code, 1860 (for short ‘the IPC’) and was sentenced on 18th February 2008 to undergo life imprisonment. The conviction of the appellant has attained finality.

4. The present appeal arises out of an order passed by the High Court of Gujarat on an application made by the appellant for grant of parole under Rule 19 of the Prisons (Bombay Furlough and Parole) Rules, 1959. As the prayer was rejected by the impugned order, this appeal was filed before this Court. While arguing the appeal before this Court, on 26th June 2023, a submission was made on behalf of the appellant that the application