RAMCHANDRA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By way of this writ petition, the petitioner has called in question order impugned dtd. 24/12/2021 (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 on the basis of the recommendation given by learned Session Judge, Baikunthpur, Koriya vide letter dtd. 24/12/2021 (Annexure P/2).

(2.) Petitioner herein has been convicted for offence punishable under Sec. 302 of IPC by the Sessions Judge, Korea, Baikunthpur vide impugned judgment dtd. 10/04/2007 (Annexure P/3) passed in Sessions Trial No. 33/2006 and he has been undergoing imprisonment for life. Thereafter, respondent No. 5, looking to the good behavior and completion of detention period of more than 21 years, moved an application under Sec. 432 of CrPC for remission of his jail sentence but it has been dismissed by the State Government vide impugned order dtd. 24/12/2021 (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. Vivek Bhakta, 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.