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HASMUKH D. SUTHAR
Mohammad Umar Majid Ahemad Pathan – Appellant
Versus
State Of Gujarat – Respondent
ORDER :
1. RULE returnable forthwith. Learned APP waives service of notice of Rule for and on behalf of respondent No.1 – State of Gujarat. With the consent of learned Counsel appearing for respective parties, present petition is taken up for final hearing today.
2. By way of present petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (for short “CrPC”), the petitioner has prayed to quash and set aside the impugned order dated 20.03.2023 bearing No.JLK/832022/3121/J, passed by the Department of Home, Government of Gujarat, whereby the petitioner has been denied remission under Section 432 of the CrPC.
3. Heard learned Senior Advocate Mr. I.H. Syed assisted by learned advocate Mr. Prithu Parimal for the petitioner and learned APP Mr. Manan Maheta for respondent – State of Gujarat.
4. It is the case of the petitioner that, the petitioner was convicted in connection with TADA Case No.176 of 1993 for the offence punishable under Sections 302, 34 read with Section 120(B) of the Indian Penal Code, 1860 and sentenced to undergo rigorous imprisonment for 20 years. Being aggrieved and dissatisfied with the conviction, the petitio
The main legal point established in the judgment is that the convict has no right to remission but only the right to claim remission. The judgment emphasized that the decision whether remissions be g....
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 right to remission is a legal right, but its grant is at the discretion of authorities, which must be exercised fairly without arbitrariness.
Rejection of life convicts' remission based on superseded notification illegal where offenses not prohibited under current prison manual; board must holistically assess reformation, jail conduct, reo....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 applications must consider the convict's post-conviction behavior and rehabilitation potential, rather than solely the seriousness of the original offense.
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