CHAMAN LAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This writ petition has been filed by the petitioner under Article 226 of the Constitution of India feeling aggrieved by the impugned order dtd. 2/8/2022 (Annexure-P/1), passed by the respondent No.01 herein, whereby his application for remission under Sec. 432 of CrPC has been rejected.

(2.) Mr. Anish Tiwari, learned counsel for the petitioner submits that petitioner's application has been rejected without applying judicial mind and without considering the decision 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 and only on the basis of opinion given by the learned Sessions Judge, Raipur petitioner's application has been rejected, as such, the order passed by respondent No.1 be quashed and respondent No.1 may be directed to consider the petitioner's application afresh.

(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.