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IN THE HIGH COURT AT CALCUTTA
OM NARAYAN RAI
Md. Amjad @ Md. Amzad @ Amjed – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Om Narayan Rai, J.
1. This writ petition is at the instance of a life convict. He assails an order dated December 24, 2024 passed by the Principal Secretary, Judicial Department, Government of West Bengal whereby his prayer for premature release upon remission of his sentence of life imprisonment has been rejected.
FACTS OF THE CASE:
2. The petitioner was arrested on May 02, 2003 in connection with New Market Police Station Case No. 113 initiated on April 12, 2003 under Sections 302/34 of the Indian Penal Code, 1860 (hereafter “IPC”). He and his co-accused were thereafter committed for trial in S.T. No. 2 of November 2003/S.C. No. 80/2003.
3. Ultimately, the petitioner and his co-accused were convicted under Sections 302/34 IPC by a judgment and order dated March 19, 2005 passed by the Learned Judge, XIIth Bench, City Civil and Sessions Court, Calcutta, in S.C. No. 80/2003 and both the accused persons were sentenced to life imprisonment along with fine of Rs.5000/- each. In default of payment of fine they were sentenced to undergo further simple imprisonment for a period of two years.
4. Feeling aggrieved by the said judgment and order of conviction the petitioner approached t
Procedural safeguards in remission applications must be strictly followed, and reliance on insufficiently reasoned opinions can render decisions unsustainable.
The government's discretion in granting remission is subject to the procedural safeguard of the presiding judge's opinion, which must be reasoned and guide the government's decision.
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 ....
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....
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