AMARNATH PANDEY Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The present PIL would highlight the issue of grant of remission and release of prisoners under Section 432 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the 'CrPC').

(2.) It is stated in the petition that a large number of inmates have undergone jail sentence of more than 20 years, yet their cases have not been considered by the Prison Review Board constituted under the Chhattisgarh Prisons Rules, 1968 (hereinafter referred to as the 'Rules, 1968'), therefore, a direction needs to be issued for consideration of their cases.

(3.) In the original petition, relief was sought for compliance of the order passed by this Court in WPCR No.239 of 2015 and WPCR No.240 of 2015 in respect of Mangal Singh and Lakshman. However, since thereafter Mangal Singh has already been released by giving benefit of remission. By moving an application for issuance of a direction on 07/02/2018, the petitioner has prayed for a similar relief in respect of life convicts lodged in Jagdalpur and Raipur jail for consideration of their cases by the Board. In this application, petitioner has also prayed for formulating guidelines to be followed by the Government and convicting Courts while forming opinion regarding release of life convicts while exercising powers under Section 432 of CrPC read with Rule 358 of the Rules, 1968.