BHARAT RAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This petition has been preferred under Article 226 of the Constitution of India challenging the order dtd. 19/7/2021 (Annexure R7) passed by respondent No.1 whereby application filed by petitioner under Sec. 432(1) of the Cr.P.C. for grant of remission of remaining sentence has been rejected.

(2.) Facts of the case, in brief, are that vide judgment dtd. 31/10/2006, passed by Additional Sessions Judge, Dhamtari in Sessions trial No.10/2006, petitioner has been convicted under Sec. 302 of the I.P.C. and sentenced to life imprisonment. Appeal preferred by the petitioner bearing CRA No.880/2006 has also been dismissed by this Court vide judgment dtd. 7/2/2012. Petitioner is in jail since 10/4/2005. Thereafter, petitioner filed an application for grant of remission under Sec. 432 of the Cr.P.C., on which opinion of the concerned Presiding Judge was sought for by the Jail Authorities, who did not give positive opinion for grant of remission to the petitioner vide Annexure R2 and P1 and on the basis of that opinion, respondent No.1 declined to give remission to the petitioner and rejected his application vide Annexure R7. Hence, this petition.

(3.) Learned counsel for the petitioner submits that petitioner is in jail since 2005 and after completing the necessary requirements he moved an application for grant of remission, which has been rejected by the appropriate authority only because learned Presiding Judge has not given positive opinion to grant remission to the petitioner. It is further submitted that Presiding Judge has given his opinion by only considering the nature and gravity of the offence, but, only on such ground, remission application could not be rejected. It is further submitted that petitioner's application has been rejected without considering the object and reason for enacting the provisions for grant of remission and law laid by the Hon'ble Apex Court in various cases. He would next submit that impugned order is in the teeth of recent judgment of Hon'ble Supreme Court rendered in the case of Ram Chander v. State of Chhattisgarh [AIR 2022 SC 2017], hence, it is prayed that petition may be allowed and remission may be granted to the petitioner.