- (1.) This writ petition filed under Article 32 of the Constitution seeks for the release of the petitioner who is undergoing imprisonment for life after having been convicted under Section 302, I.P.C. read with Section 34, I.P.C. The claim of the petitioner is that he has undergone the following period of actual sentence and earned remissions :- JUDGEMENT_29_JT10_2000_1.html
(2.) The petitioner also claims that under Section 61(1) of the West Bengal Correctional Services Act, XXXII of 1992, which on Presidential assent being given came into force with effect from April 14, 2000, he is entitled to be released inasmuch as he had served the sentence and earned remissions as detailed above and was entitled to be released as on September 27, 1996. The details are set forth hereunder :- JUDGEMENT_29_JT10_2000_2.html
(3.) After examining the legal position as to the nature of the powers arising under Section 432, Cr. P.C. read with Article 161 of the Constitution and the relevant rules relating to remissions of sentences, it is observed in the State of Madhya Pradesh v. Ratan Singh, (1976) 3 SCC 470 : AIR 1976 SC 1552 : (1976 Cri LJ 1192), as under :- "(1) That a sentence of imprisonment for life does not automatically expire at the end of 20 years including the remissions, because the Administrative Rules framed under the various Jail Manuals or under the Prison Act cannot supersede the statutory provisions of the Indian Penal Code. A sentence of imprisonment for life means a sentence for the entire life of the prisoner unless the appropriate Government chooses to exercise its discretion to remit either the whole or a part of the sentence under Section 401 of the Code of Criminal Procedure, 1898; (2) That the appropriate Government has the undoubted discretion to remit or refuse to remit the sentence and where it refuses to remit the sentence no writ can be issued directing the State Government to release the prisoner.";