MOHAMAD SHAMIM KHAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The present petition under Article 226 of the Constitution of India has been instituted by the petitioner with a prayer to direct the respondent government to decide his application for grant of remission.

(2.) Learned counsel for the State informs that application for grant of remission of the petitioner has already been rejected by the Government vide memo No. F-4-27/three-Jail/2021 dtd. 19/7/2021 and copy of relevant document he has filed along with his reply as Annexure P-2 page 27.

(3.) Facts of the case, in brief, are that the petitioner has been convicted for commission of offence punishable under Ss. 302/34, 394/34 and 201/34 of the IPC vide judgment dtd. 5/2/2004 passed by 2nd Addl. Sessions Judge, Mahasamund in Session Trial No. 95/2003. After conviction, the petitioner is undergoing the sentence of life imprisonment awarded to him. After fulfilling all the requirements for grant of remission, the petitioner has filed application for grant of remission under Sec. 432 of the Criminal Procedure Code (for brevity 'the Code'). On his application, opinion of concerned Presiding Judge was sought for by the jail authorities, wherein learned Presiding Judge of convicting Court declined to give positive opinion in favour of the petitioner for grant of remission. Pursuant to negative opinion given by the concerned Presiding Judge, the appropriate Government/competent authority rejected his application for grant of remission which was informed vide memo No. F 4-27/Three-Jail/2021 dtd. 19/7/2021 (Annexure R-2 page 27). Hence, this petition.