Back
HIGH COURT OF CHHATTISGARH AT BILASPUR
Shri Ramesh Sinha, CJ, Shri Ravindra Kumar Agrawal, J
Kaleshwar Ram @ Kalesh S/o Shri Ghuruwa Ram – Appellant
Versus
State Of Chhattisgarh Through- Home Department Mahanadi Bhawan, New Raipur Distt.- Raipur (C.G.) – Respondent
Order :
(Ramesh Sinha, CJ.)
1. The petitioner has filed this petition seeking following relief(s):
“10.1. The Hon'ble Court may kindly be pleased to issue a writ of MANDAMUS quashing the order dated 31.01.2025 passed by the respondent No.1 and may kindly be pleased to direct the respondent authority to reconsidered the application of the petitioner for premature release/remission of jail sentence, in the interest of justice.
10.2. Any other relief, which this Hon'ble Court may, deems fit and proper may also be awarded to the petitioner including the cost of the petition.”
2. The facts, in brief, as projected by the petitioner, is that the deceased Meghnath was having illicit relationship with the wife of the petitioner Kaleshwar therefore, he committed the murder of Meghnath with the help of the other co-accused. The petitioner and other accused person with the common intention committed the offence and they have been charge-sheeted for the offence punishable U/s 302/34, 307/34, 325/34 of I.P.C. and after full- fledged trial they were convicted for the offence punishable U/s 302 R/w Section 34 of I.P.C. and sentenced for Life Imprisonment with the fine of Rs. 5000/-, for the offence pun
Remission applications must consider the convict's post-conviction behavior and rehabilitation potential, rather than solely the seriousness of the original offense.
Rejection of life convicts' remission based on superseded notification illegal where offenses not prohibited under current prison manual; board must holistically assess reformation, jail conduct, reo....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....
(1) Remission policy prevailing on the date of conviction, is to be applied in a given case, and if a more liberal policy exists on the day of consideration, then latter would apply.(2) Blanket exclu....
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 court directed that prisoners eligible under state policy for premature release must be evaluated fairly, without undue reliance on singular opinions, safeguarding against arbitrary treatment.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
