SUBODH ABHYANKAR
Lachu @ Laxminarayan – Appellant
Versus
State of M. P. – Respondent
ORDER
1. This petition under Article 226 of the Constitution of India has been filed by the petitioner, seeking the following reliefs:-
“7.4 That, by way of writ of appropriate writ or the writ of certiorari, quash the order dated 25.8.2023 (Annexure P/6), passed by the learned Magistrate and further directed to consider the case of petitioner for premature release in accordance with section 4 of Act 1954 and in light of guidelines stipulated in Laxman Naskar v. Union of India (2000) 2 SCC595 as well as Rajwa @ Rajendra Mandal v. the State of Bihar and others WP (CRL.) no.252/2023.”
2. The petitioner is aggrieved by the order dated 25.8.2023 (Annexure P/6), passed by the Chief Judicial Magistrate, Indore whereby, the petitioner has been sent to suffer the remaining jail sentence awarded to him in connection with his conviction under sections 302,34 of the Indian Penal Code 1860 in S.T. No.313/1995.
3. In brief, the facts of the case are that the petitioner is facing the aforesaid trial for murder wherein, he was convicted by the learned Judge of the trial court vide his judgment dated 13.1.1997, in which, the petitioner was sentenced to life imprisonment. The criminal appeal prefer
Commission of a jail offence is no legal ground to deny premature release to a convict, especially when the person has been punished for such a misconduct.
The premature release of a convict can be revoked if they violate the conditions set during their release, emphasizing the balance between rehabilitation and public safety.
The Sentence Review Board's decision to reject a convict's plea for premature release is valid under the 2004 Guidelines, which provide for consideration but not guaranteed release.
(1) Commutation of life sentence—Concurrence of Central Government for commuting or remitting sentence is mandatory.(2) A statute does not become operative from date on which it is interpreted. It co....
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