LAWS(SC)-2021-5-38

BECHE LAL Vs. STATE OF UTTAR PRADESH

Decided On May 04, 2021
BECHE LAL Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) In this batch of writ applications, common relief is sought for premature release of persons sentenced to life imprisonment, after completion of over 14 years of imprisonment. The petitioners have remained incarcerated for actual periods ranging from 16 years to 24 years without remission and 20 years to 31 years with remission. The convictions are primarily under Section 302, 302/149 of the Penal Code. This Court under Article 32 of the Constitution has been passing orders from time to time for premature release of persons convicted either by setting aside the orders refusing grant of premature release on erroneous grounds as well as passing orders for release directly even though the person sentenced had not approached the authorities before institution of the writ petition.

(2.) In State of Haryana v. Jagdish, (2010) 4 SCC 216 explaining the manner for consideration of applications for premature release this Court observed as follows:

(3.) In Union of India v. V. Sriharan, (2016) 7 SCC 1 it was observed as follows :