Jaswant Singh & Ors. vs The State of Chhattisgarh & Anr.

Court

Supreme Court of India

Date

13 January 2023

Case No.

Writ Petition (Crl.) No. 323 of 2022

Result

Allowed

Bench

Dinesh Maheshwari, Bela M. Trivedi

Citation

[2023] 1 S.C.R. 595 : 2023 INSC 31

Headnote

Code of Criminal Procedure 1973: s. 432(2) – Grant of Remission – Requirement of s. 432(2) – Held: Presiding Judge must give adequate reasons while giving an opinion u/s. 432(2) – On facts, three convicts, out of a total of eight, submitted their respective applications for premature release but the same was refused– Held:The said orders should have contained adequate reasons after taking into consideration the relevant factors that govern the grant of remission as laid down in Laxman Naskar’s case applications for remission – Issuance of direction to the Special Judge to reconsider the applications of the petitioners afresh, accompanied by adequate reasoning.

Laxman Naskar v. Union of India, (2002) 2 SCC 595; Union of India v. Sriharan @ Murugan (2016) 7 SCC

1 – relied on.

The Judgment of the Court was delivered by BELA M. TRIVEDI, J. 1. The petitioners, who are the convicts and undergoing the sentence of life imprisonment in view of the order dated 13.02.2015 passed by this Court in SLP (Crl.) No. 1348-49 of 2015, confirming the judgement and order dated 10.05.2013 passed by the High Court of Chhattisgarh at Bilaspur, in Criminal Appeal No. 933/2010 (arising out of Sessions Case No. 16/2006), have invoked Article 32 of the Constitution of India seeking issuance of appropriate writ, order or direction commanding the respondents for presenting the case of the p

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