RAFIK AALAM PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present petition, the petitioner herein has prayed for to direct the respondents to consider the case of the petitioner for full remission of sentence under Sec. 432 and/or 433-A of the Criminal Procedure Code .

(2.) It is the case of the petitioner that the petitioner herein was convicted and sentenced to suffer rigorous imprisonment for life and fine of Rs.1850.00 and in default to undergo simple imprisonment for further three months under Sec. 302, 304(2), 307, 324, 149 of Indian Penal Code and by the learned City Sessions Court No.7, Ahmedabad in the Sessions Case No.67 of 1999 on 23/10/2001.

(3.) Mr. Piyushkumar K. Baseri, the learned advocate appearing for the petitioner submitted that the petitioner had completed the sentence of 16 years, 7 months and 8 days on date 31/7/2017 as per the custody certificate issued by the Deputy Superintendent, Ahmedabad. Under such circumstances, the case of the petitioner- prisoner is required to be considered for the remission of sentence. That the committee for the remission of the petitioner sentence was met on 20/5/2017 and the report was sent to the State Government on 13/7/2017. The decision for his remission of his remaining sentence is not taken till the filing of the present petition. Mr. Piyushkumar K. Baseri, the learned advocate appearing for the petitioner further submitted that the petitioner has also made an application in the month of August to the respondents to consider his case for full remission of his sentence under Sec. 433-A of the Criminal Procedure Code. The application is also not been decided till the date of filing of the present petition. Mr. Piyushkumar K. Baseri, the learned advocate appearing for the petitioner further submitted that the case of the petitioner is also required to be considered in view of the Government Resolution dtd. 23/10/1992, wherein the only condition is of condition of 14 years of imprisonment. As the petitioner has completed the imprisonment of 16 years, his case is required to be considered. A copy of the Government Resolution dtd. 23/10/1992 is duly produced on record at Annexure-C.