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VIBHA KANKANWADI, S. G. CHAPALGAONKAR
Satish Shankar Shinde – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
[PER SMT. VIBHA KANKANWADI, J.] :
1. Rule. Rule made returnable forthwith. Heard learned counsel for the appearing parties finally, by consent.
2. By this Petition, the petitioner is challenging order dated 7th November 2009 passed by the learned Sessions Judge, Aurangabad thereby approving or ordering the removal of the name of the petitioner from remission register permanently.
3. The petitioner has come with the case that he is undergoing imprisonment in Central Jail, Aurangabad for conviction under Section 302 of the Indian Penal Code. The petitioner was released on parole leave by order dated 6th September 2006 for about 30 days, however, he had not surrendered within the stipulated period. He had surrendered before the jail authorities on 17th March 2009. Thereupon show cause notice was issued to him seeking explanation for late surrender. He had answered the said show cause notice. Mother of the petitioner had preferred an application on 30th October 2023 seeking addition of name of her son in the remission register kept by respondent No.2. Thereafter the petitioner collected the documents and came to know that respondent No.2 after getting explanation from the petiti
The court emphasized the necessity of following due process and providing reasoned orders in decisions affecting a prisoner's remission rights.
The discretion to suspend or remit the sentence lies with the State Government, but the decision must be in accordance with the law and not arbitrary. The opinion of the Presiding Judge must fulfill ....
(1) Commutation of life sentence—Concurrence of Central Government for commuting or remitting sentence is mandatory.(2) A statute does not become operative from date on which it is interpreted. It co....
The rejection of a prisoner's remission request based solely on a police report, without considering other evaluations, violates statutory guidelines and judicial standards for assessing eligibility ....
Procedural safeguards in remission applications must be strictly followed, and reliance on insufficiently reasoned opinions can render decisions unsustainable.
The right to remission is a legal right, but its grant is at the discretion of authorities, which must be exercised fairly without arbitrariness.
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