MADARI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(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 Ss. 147, 148, 302/149, 120-B read with Sec. 302 of the IPC for following reliefs:-

(2.) Factual background of the instant case is that vide judgment dtd. 8/3/2007 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 Ss. 147, 148, 302/149 and Sec. 120-B read with Sec. 302 of the IPC and sentenced to undergo RI for two year, RI for two year, life imprisonment with fine of Rs.500.00 and life imprisonment with fine of Rs.500.00, respectively and all the sentenced were ordered to run concurrently. Criminal Appeal No. 275/2007 preferred by the petitioner has been dismissed by High Court of C.G. vide order dtd. 26/7/2018 and Special Leave to Appeal (Cri.) No. 10634/2018 preferred by the petitioner before the Hon'ble Supreme Court against the order dtd. 26/7/2018 passed by the High Court has also been dismissed. After completion of 15 years of imprisonment without remission, the petitioner submitted an application for premature release before the respondent authorities, hence, Superintendent, Central Jail Raipur sent memo in compliance of Sec. 432 (2) of the Cr.P.C. to the concerned Presiding Judge for his opinion. Order sheet dtd. 28/6/2021 (Annexure P-2) reveals that since petitioner was convicted for heinous offences and his appeal and SLP were also rejected by this Court and Hon'ble Supreme Court, hence, he opined that, in view of above, grant of remission to the petitioner does not seem to be appropriate. Vide memo dtd. 28/6/2021, learned Presiding Judge informed his aforesaid opinion to Jail Superintendent, Central Jail, Raipur, District Raipur. Order sheet dtd. 17/8/2021 (Annexure R-2) shows that petitioner approached to Secretary, District Legal Services Authority, Raipur, hence, Secretary also sent letter of request to concerned Presiding Judge to extend his opinion with regard to grant of remission to the petitioner, but learned Presiding Judge has stuck on his earlier negative opinion for grant of remission to the petitioner. Vide Annexure R-3, Jail Superintendent, Central Jail, Raipur forwarded the relevant documents to the Director General, Jail and Correctional Services, Jail Headquarter, Raipur with regard to proposal for grant of remission to the petitioner under Sec. 432 of the Cr.P.C.. 2(A). Vide Annexure R-4, Director General, Jail and Correctional Services sent proposal to Upper Chief Secretary, Home (Jail) Department, Govt. of Chhattisgarh for grant of remission under Sec. 432 (1) of the Code to the petitioner in compliance of direction dtd. 7/7/2021 of Hon'ble Supreme Court in S.L.P. (Cr.) No. 529/2021 for grant of remission to those jail inmates, who have completed 20 years in between 30/8/2021 to 31/1/2022. Despite proposal sent by Director General, Jail & Correctional Services, respondents No. 1 & 2 have not decided the petitioner's application for grant of remission under Sec. 432 (2) of the Cr.P.C. Hence, the instant writ petition under Article 226 has been filed.

(3.) Return has been filed by the State authority stating inter alia that looking to the gravity of the offence, which the petitioner has committed, learned Presiding Judge has declined to give positive opinion for premature release of the petitioner and due to such opinion, the matter of the petitioner for grant of remission is pending consideration before the Government.