CHINGDU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By way of this writ petition, the petitioner has called in question order impugned dtd. 18/11/2021 (Annexure P/1) by which respondent No. 1 has rejected the application under Sec. 432(1) of CrPC for remission of his jail sentence on the basis of the recommendation given by learned 3rd Additional Session Judge, Jagdalpur, Bastar vide letter dtd. 01/06/2021 (Annexure P/6).

(2.) Petitioner herein has been convicted for offence punishable under Sec. 302 of IPC by the 2nd Additional Session Judge, Bastar Place Jagdalpur vide impugned judgment dtd. 19/09/2007 (Annexure P/2) passed in Sessions Trial No. 288/2006 which was challenged by him in Criminal Appeal No. 485/2013 but it stood dismissed vide judgment dtd. 21/01/2015 (Annexure P/3) and he has been undergoing imprisonment for life. Thereafter, the petitioner 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. 18/11/2021 (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.) Ms. Pushpa Dwivedi, 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.