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IN THE HIGH COURT OF JUDICATURE AT PATNA
JITENDRA KUMAR
Md Sultan, Son of Md. Habib, Resident of Village – Appellant
Versus
State of Bihar through Chief Secretary, Govt. Of Bihar, Patna – Respondent
JUDGMENT :
The present writ petition has been preferred by the petitioners for quashing of the order dated 5.3.2020 passed by the State Sentence Remission Board, Bihar, directing the respondents authorities to consider the petition of the petitioners for remission.
2. The relevant facts as transpiring from the record is that the petitioners Md. Sultan and Tabassum Arra along with other co-accused were found guilty by learned Trial Court. However, Md. Sultan was found guilty under Section 364-A read with Section 149 of the Indian Penal Code and Section 120B of the Indian Penal Code, whereas, the petitioner Tabassum Aara was found guilty under Section 368 read with of the Indian Penal Code and -B of the Indian Penal Code as per the judgment dated 07.09.2005 passed by learned Fast Track Court-I, Begusarai, in Sessions Trial No. 304 of 2003 arising out of Sahebpur Kamal P.S. Case No. 162 of 2002 and by the order of sentence dated 13.09.2005 passed by learned Trial Court, both the petitioners were sentenced to rigorous imprisonment for life and fine of Rs.10,000/- for their offence.
3. The judgment of conviction and order of sentence passed by learned Trial Court was upheld by this Court
Rejection of life convicts' remission based on superseded notification illegal where offenses not prohibited under current prison manual; board must holistically assess reformation, jail conduct, reo....
Remission in sentence – Sentencing is a judicial exercise of power – Act thereafter of executing sentence awarded, however, is a purely executive function which includes grant of remission, commutati....
The court established that the Remission Board must not solely rely on police reports when considering premature release applications, but should evaluate the convict's overall rehabilitation and pot....
Remission applications must consider the convict's post-conviction behavior and rehabilitation potential, rather than solely the seriousness of the original offense.
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 ....
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 ....
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