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ABHAY S. OKA, N. KOTISWAR SINGH
Om Prakash Srivastava @ Babloo – Appellant
Versus
Union Of India – Respondent
| Table of Content |
|---|
| 1. petitioner's application for relief under the 1938 act. (Para 2) |
| 2. comparison of statutory provisions for remission. (Para 3) |
| 3. process for considering remission under the bnss. (Para 4 , 5 , 6 , 7) |
| 4. disposal of special leave petition. (Para 8 , 9) |
ORDER
2. The petitioner who has been convicted for the offence punishable under Sections 120-B read with 302 of the INDIAN PENAL CODE , 1860 applied for grant of relief under Section 2 of the United Provinces Prisoners' Release on Probation Act, 1938 (for short, "the 1938 Act"). By communication dated 17th January, 2023, the said application made in Form-A has been rejected. Though the petitioner filed a Writ Petition challenging the said order before the High Court of Judicature at Allahabad, Lucknow Bench, Lucknow, notwithstanding the earlier orders of this Court, the High Court was unable to dispose of the petition. Therefore, we have heard the learned counsel appearing for the petitioner on merits.
4. We, therefore, direct the State Government to consider the case of the petitioner for grant of remission under sub-section (1) of Section 473 of the BNSS as expeditiously as possible. As the petitioner has undergone t
The premature release of a convict can be revoked if they violate the conditions set during their release, emphasizing the balance between rehabilitation and public safety.
Courts mandatorily consider probation for eligible offences under three years' imprisonment, recording reasons for denial; long pendency, no antecedents justify reformatory release over punishment.
(1) Remission in life sentence – Convict cannot seek remission as a matter of right – However, he has right to say that his case for grant of remission ought to be considered in accordance with law.(....
The retrospective application of Section 479 of the Bharatiya Nagarik Suraksha Sanhita is limited to under-trial prisoners and does not extend to convicted prisoners.
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