IMPORTANT POINT
The main legal point established in the judgment is that the Court has the discretion to grant remission under Section-433A of Cr.P.C based on factors such as the nature of the offence, the convict's conduct, and the absence of potential for future recurrence of similar crime.

JUDGMENT :

A.Y. KOGJE, J.

1. This application is filed through Jail seeking opinion under Section- 433A of Cr.P.C. for the purpose of remission. The applicant-convict is life convict bearing No.39864 Madhabhai Punjabhai Ghotadiay and at present is aged 70 years. The matter is placed before the Court upon the Communication dated 12-06-2023 submitted by the 3rd Additional Sessions Court, Surendranagar addressed to the Superintendent of Central Jail, Rajkot indicating in such Communication that the applicant-convict herein had faced conviction pursuant to the trial under Sessions Case No.68 of 2000 for offence under Section-302 of IPC and under Section-135 of Bombay Police Act and has been sentenced for life conviction upon being convicted.

2. The Communication also indicates that the applicant-convict herein had preferred Criminal Appeal No.283 of 2002, which came to be dismissed by this Court under its judgment and order dated 28-11-2008 thereby confirming the judgment and order of conviction and sentence dated 30-01-2002 passed by the Additional Sessions Judge at Surendranagar.

3. It is in view of the aforesaid judgment and order of this Court confirming the conviction of sentence, for remission and thereafter, for the purpose of opinion of the confirming Court, present application is listed.

4. The Jail report would indicate that the offence being FIR No.I-41 of 2000 was registered at Lakhtar Police Station for the offence under Section-302 of IPC and under Section-135 of Bombay Police Act.

5. Pursuant to the investigation, the charge-sheet came to be filed and Sessions was committed with the Additional Sessions Judge under Sessions Case No.68 of 2000. After due trial, the Sessions Court at Surendranagar was pleased to convict the applicant-convict herein under its judgment and order of conviction dated 30-01-2002 and since then the convict has continued to be in custody undergoing the life sentence.

6. It appears that the applicant-convict herein had preferred Criminal Appeal No. 283 of 2002, which came to be dismissed by this Court under its judgment and order dated 28-11-2008.

7. According to the Jail report placed along with the application through Jail, actual sentence undergone by the applicant is 20 years and 7 months as on 08-07-2023. He is entitled to set off 1 year, 7 months and 56 days between 05-05-2000 to 21-09-2002 and therefore, as on 08-07-2023, the applicant has undergone sentence of 22 years, 3 months and 26 days.

8. The Jail report also indicates that the applicant has enjoyed 252 days of furlough leave and 60 days of Parole leave. His previous application for remission filed in the year 2020 and 2021 came to be rejected by the State Government in exercise of powers under Section- 433A on 14-02-2020 and on 26-08-2021 respectively. Nothing is placed on record with regard to the previous rejection of application for remission by the State Government despite the matter being adjourned from time to time.

9. From the record, the Court may observe that previous Criminal Misc. Application No.5407 of 2014 for direction was filed through Jail for the opinion of the Bench, as the Confirming Bench, which affirmed the sentence of life imprisonment of the applicant in terms of Section-433A of Cr.P.C. In the said application, this Court has passed the order dated 09- 05-2014 and had returned the matter back to the Jail Authority as to whether application by the convict was invoking Article-161 of the Constitution of India or whether the convict wants to approach the State Government in terms of Section-433A of Cr.P.C. The order also expressed opinion that if the convict desires to approach the State Government under Section-433A, only in such case, the Bench can be called upon to express its opinion.

10. The Court has taken into consideration the judgment and order recording the conviction convicting the applicant for offence under Section-302 for committing the murder of deceased; Jashabhai Gordhanbhai and Gordhanbhai Pun