SAGRAMBHAI NAGJIBHAI BHARWAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition under Art. 226 of the Constitution of India has been preferred by six convicts, who have been sentenced to undergo Rigorous Imprisonment for three years and a fine, claiming remission to the extent of 1 month and 15 days under the Government Circular dated 20th July, 1995.

(2.) Petitioners and others were tried for an offence alleged to have committed under Secs. 302, 326, 325, 324 read with Secs. 147, 148 and 149 of the Indian Penal Code. The petitioners were acquitted by the learned Sessions Judge in Sessions Case No. 118 of 1981. Said order of acquittal was reversed in Criminal Appeal No. 584 of 1982 by this Court and under order dated 10th March, 1989, the petitioners were convicted for an offence committed under S.326 read with S.140 of the Indian Penal Code and were sentenced to undergo rigorous imprisonment for a period of three years and fine of Rs. 3,000.00 each. Said order of conviction was challenged by the petitioners before the Hon'ble Supreme Court in Criminal Appeal No. 382 of 1989. Said appeal was decided in the year 1995. The conviction ordered by the High Court was confirmed. In view of the order of the Supreme Court, the petitioners surrendered to the prison authorities on 27th October, 1995. Pending trial before the Sessions Court, the petitioners were released on bail. The petitioners were also released on bail by the orders made by the appellate Court. Thus, the petitioners were at large till they surrendered on 27th October, 1995.

(3.) On 20th July, 1995, it being 125th Birth Anniversary of Rashtrapita Mahatma Gandhi, the Government under its power under S.432 of the Criminal Procedure Code, ordered to grant remission to the prisoners who had been convicted by the Courts of Criminal jurisdiction of the State and were confined in the jails of the State. The remission was granted to the categories of the prisoners mentioned in the said order to the extent mentioned against each of such categories. So far as the petitioners are concerned, they have been sentenced to undergo rigorous imprisonment for a period of three years. The prisoners sentenced to imprisonment for more than one year and upto three years were granted remission of one month and fifteen days. It is the claim of the petitioners that on 20th July, 1995, the petitioners were already convicted by High Court though they were released on bail. Since the conviction was confirmed and the petitioners surrendered to the jail authorites to undergo sentence, the petitioners are entitled to the remission of one month and fifteen days under the above referred order dated 20th July, 1995.