LAWS(CHH)-2023-3-52

HARIHAR Vs. STATE OF CHHATTISGARH

Decided On March 24, 2023
HARIHAR Appellant
V/S
STATE OF CHHATTISGARH Respondents

JUDGEMENT

(1.) The petitioner's application for remission under Sec. 432(2) of the CrPC has been rejected by order dtd. 10/12/2021 passed by respondent No.1 (Annexure P-1).

(2.) On perusal, it appears that the petitioner's application has been rejected without applying judicial mind and without considering the decision rendered by the Supreme Court in the matter of Ram Chander v. State of Chhattisgarh AIR 2022 SC 2017 and Laxman Naskar v. Union of India (2000) 2 SCC 595 and only on the basis of opinion given by the Sessions Judge, the petitioner's application has been rejected.

(3.) Learned State counsel submits that the petitioner's application for remission has rightly been rejected by the State Government strictly in accordance with law.