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N. K. CHANDRAVANSHI
Madari @ Abrar Ahmad S/o Ishthar Ahmad – Appellant
Versus
State of Chhattisgarh – Respondent
JUDGMENT :
N.K. CHANDRAVANSHI, J.
1. Present writ petition under Article 226 of the Constitution of India has been instituted by the petitioner/convict, who is undergoing sentence of imprisonment for life upon being convicted for commission of offence punishable, inter-alia, under Sections 147, 148, 302/149, 120-B read with Section 302 of the IPC for following reliefs:
10.2 That, the Hon'ble Court may kindly be pleased to set aside court's opinion dated 28/06/2021 and 17/08/2021.
10.3 That, the Hon'ble Court may kindly be pleased to direct respondent authorities for releasing the petitioner under Section 432 of Cr.P.C. as well as, as per other existing law.
10.4 That, the Hon'ble Court may kindly be pleased to pass any order in nature of the case.”
2. Factual background of the instant case is that vide judgment dated 08.03.2007 passed by 12th Upper Sessions Judge (FTC), Raipur in Sessions Trial No. 44/2006, the petitioner has been convicted for commission of offence punishable under Sections 147, 148, 302/149 and Section 120-B read with Section 302 of
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.
Procedural safeguards in remission applications must be strictly followed, and reliance on insufficiently reasoned opinions can render decisions unsustainable.
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....
Premature release of life convicts – On ground of parity, application for remission can be reconsidered..
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