ARUNSHARAN SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By way of this writ petition, the petitioner has called in question order impugned dtd. 12/08/2021 (Annexure P/1) by which respondent No. 1 has rejected the application filed by the petitioner under Sec. 432(1) of CrPC for remission of his remaining jail sentence.

(2.) Petitioner herein has been convicted for offence punishable under Sec. 302 of IPC by the Additional Sessions Judge, Surajpur vide impugned judgment dtd. 10/09/1999 (Annexure P/2) passed in Sessions Trial No. 113/98 and he has been undergoing imprisonment for life. He preferred Criminal Appeal No. 2508/1999 before this Court against the judgment of his conviction, but the said appeal stood dismissed vide judgment dtd. 22/06/2005 (Annexure P/3). Thereafter, petitioner moved an application under Sec. 432(1) of CrPC for remission of his remaining jail sentence but it has been dismissed by respondent No. 1 vide impugned order dtd. 12/08/2021 (Annexure P/1) only on the basis of recommendation of the Presiding Judge who had convicted the petitioner, without assigning sufficient reason, which has been assailed in the instant appeal.

(3.) Mr. Ravindra Sharma, learned counsel for the petitioner, would submit that the order impugned passed by the State Government (respondent No. 1) is in teeth of the provisions contained under Sec. 432(1) of CrPC in light of the decisions rendered by the Supreme Court in the matters of Ram Chander v. State of Chhattisgarh AIR 2022 SC 2017 and Laxman Naskar v. Union of India (2000) 2 SCC 595, as such, the impugned order be quashed and respondent No. 1 may be directed to consider petitioner's application afresh.