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Criminal · Reportable judgment

Mata Prasad vs The State of U.P. & Anr.

Court
Supreme Court of India
Date
31 January 2022
Case No.
Writ Petition (Criminal) No. 256 of 2021
Result
Allowed
Bench
Sanjay Kishan Kaul, M.M. Sundresh
Citation
[2022] 1 S.C.R. 1052 : 2022 INSC 123
Supreme Court Reports [2022] 1 S.C.R. 1052 : 2022 INSC 123
Headnote

Sentence / Sentencing – Remission of Sentence – Petitioner convicted by Sessions Judge u/ss. 302, 307, 323, 34 IPC and sentenced to life imprisonment – Appeal of petitioner pending in High Court – Governor of Uttar Pradesh issued G.O / policy dated 01.8.2018 u/Art. 161 of the Constitution for pre-mature release of prisoners on occasion of Republic Day every year – Petitioner filed writ petition u/Art.32 of the Constitution – His case, that despite having satisfied all terms and conditions for pre-mature release under the said policy, and his proposal for release being recommended on occasion of 26.1.2020 i.e., two years back he had still not been released – However, counter-affidavit filed by State pointing out that the policy for pre-mature release stood amended on 28.7.2021 in terms of which all such convicts were required to be considered “who have completed age of 60 years” and have undergone custody of 20 years without remission and 25 years with remission – Held: There is great doubt on validity of the clause in Policy of 2021 prescribing minimum age of 60 years which would imply that a young offender of 20 years will have to serve 40 years before his case for remission can be considered – State Government to re-examine this part of the Policy which prima-facie does not seem to be sustainable – Further, it cannot be said that the State Government is precluded from examining the case of the petitioner for remission if an appeal is pending before the High Court – Dual directions issued– one for consideration of the case of the petitioner for remission within three months and the other for consideration of amendment to the Policy of 2021 within four months – Constitution of India, 1950 – Art. 161 – U.P. Prisoners’ Release on Probation Act, 1938.

State of Haryana & Ors. v. Raj Kumar @ Bittu 2021 (9) SCC 292 – referred to.

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The following Order of the Court was passed: ORDER 1. Admit. 2. The petitioner has taken recourse to Article 32 of the Constitution of India for a direction for consideration of his case for premature release from prison as per the policy dated 01.8.2018 and consequently to release the petitioner forthwith. 3. The petitioner along with his younger brother and father were tried for offences under Section 302/307/323/34 of the IPC and post-trial were convicted in sentence to maximum imprisonment for life with a judgment dated 30.9.2004 passed in Session Trial No.208 of 1999 arising from FIR
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