Premature release – Relevant considerations – Held: Application for premature release has to be considered on the basis of the policy as it stood on the date when the petitioner was convicted of the offence – Applicant’s prior criminal history, his conduct and behavior in jail, and possible danger to the society on his release are to be adverted to – There has to be a considered application of mind to the facts of each case – On facts, petitioner convicted u/s. 302/34 IPC and sentenced to life imprisonment, had undergone 17 years, 9 months and 26 days of imprisonment and submitted an application for premature release which was rejected – Said order by the State government is bereft of an application of mind to relevant circumstances bearing on whether the petitioner should be released prematurely – Order contains general observations to the effect that the release may result in resentment on the side of the victim, but this is a general consideration – Order rejecting the application for premature release suffers from a complete and patent nonapplication of mind – Issuance of direction to reconsider the application of the petitioner for premature release afresh, on basis of the policy as it stood when the petitioner was convicted of the offence – Constitution of India – Arts. 21, 32.
State of Haryana & Ors. vs Jagdish (2010) 4 SCC 216 : [2010] (3) SCR 716; State of Haryana and Others vs Raj Kumar @ Bitu (2021) 9 SCC 292 – relied on.
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.
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