Tuesday 2 July 2024

Important Supreme Court and Bombay HC judgments on Remission of accused

 

1) Supreme court guidelines for releasing convict prematurely on remission


This Court also issued certain guidelines as to the basis on which a convict can be released prematurely and they are as under:

1. Whether the offence is an individual act of crime without affecting the society at large.

2. Whether there is any fruitful purpose of confining of this convict anymore.

3. Whether there is any chance of future recurrence of committing crime.

4. Whether the convict has lost his potentiality in committing crime.

5. Socio-economic condition of the convict's family. {Para 6}.

IN THE SUPREME COURT OF INDIA

Writ Petition (Criminal) No. 110 of 2000

Decided On: 01.09.2000

Life Convict Laxman Laskar Vs. State of West Bengal and Ors.

Hon'ble Judges/Coram:

S. Rajendra Babu and Shivaraj V. Patil, JJ.

Author: S. Rajendra Babu, J.

Citation:  MANU/SC/3130/2000,(2000)7 SCC 626.

https://www.lawweb.in/2024/06/supreme-court-guidelines-for-releasing.html


2) Supreme Court: What factors are to be considered while deciding application for remission of convict?


IN THE SUPREME COURT OF INDIA

Writ Petition (Criminal) Nos. 64, 120, 121, 122, 123 and 181 of 1999

Decided On: 15.02.2000

Laxman Naskar Vs. Union of India (UOI) and Ors.

Hon'ble Judges/Coram:

G.T. Nanavati and S.N. Phukan, JJ.

Author: S.N. Phukan, J.

Citation:  2000 INSC 69, MANU/SC/0084/2000,(2000) 2 SCC 595.

https://www.lawweb.in/2024/06/supreme-court-what-factors-are-to-be.html

3) Bombay HC: It is the duty of prison authorities who seek opinion of Session judge for deciding remission application of convict to place before him all necessary documents


IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

CRIMINAL WRIT PETITION NO.950 OF 2022

Bharat s/o Fakira Dhivar Vs  The State of Maharashtra,

WITH

CRIMINAL WRIT PETITION NO.1001 OF 2022

Bhagwan s/o Ranoji Patole Vs State of Maharashtra,

CORAM : SMT. VIBHA KANKANWADI AND

ABHAY S. WAGHWASE, JJ.

DATE : NOVEMBER 22, 2022.

https://www.lawweb.in/2024/06/bombay-hc-it-is-duty-of-prison.html

4) What is the duty of Session Judge after receipt of application of convict for remission through Superintendent of Prison?


 Similarly, it was incumbent upon the learned Additional Sessions Judge, Akot either to call for required information in the context of the facts stated in the application from the Superintendent of Central Prison, Amravati or give his opinion immediately on receipt of the application. 

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL WRIT PETITION NO. 83 OF 2020

Akshay Kailasrao Purohit (In Jail) Vs  State of Maharashtra,

CORAM : A. S. CHANDURKAR AND G. A. SANAP, JJ.

DATED : 27.08.2021

https://www.lawweb.in/2024/05/what-is-duty-of-session-judge-after.html

5) Whether Govt GR regarding special remission on account of 125th Birth Anniversary of Dr. Babasaheb Ambedkar is applicable to person convicted of offence of rape or POCSO Act?


The GR dated 03.06.2017 carves out six categories which have been excluded from the applicability of GR. Apparently, the offence of rape or POCSO Act does not fall in the exceptional category. The learned Trial Court has misread the said GR while opining that due to seriousness of offence, the petitioner is not eligible. Apparently, the reason accorded by the Sessions Judge is not in consonance with the said GR and thus, the denial is unjust and arbitrary.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY :

NAGPUR BENCH : NAGPUR.

CRIMINAL WRIT PETITION NO. 579/2023

Nitin s/o Shamraoji Pawnikar,  Vs State of Maharashtra,

CORAM : VINAY JOSHI AND

MRS. VRUSHALI V. JOSHI , JJ .

DATE : 19.01.2024.

ORAL JUDGMENT (PER VINAY JOSHI, J.) 


6)  When the convict is not entitled to get benefit of Govt GR regarding special remission on account of 125th Birth Anniversary of Dr. Babasaheb Ambedkar?


The facts are quite clear that on the cutoff date i.e. on 14.04.2016, the petitioner was not in jail and thus, he is not eligible for the special remission in terms of Government Resolution dated 03.06.2017.{Para 6}

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR

CRIMINAL WRIT PETITION NO. 857 OF 2023

Akash S/o. Devanand Tempe Vs  State of Maharashtra

CORAM : VINAY JOSHI AND

MRS. VRUSHALI V. JOSHI, JJ.

DATE : 21.02.2024

ORAL JUDGMENT (PER : VINAY JOSHI , J.) 

https://www.lawweb.in/2024/05/under-which-circumstances-convict-is.html

7) Basic concept of remission and commutation of sentence of convict and distinction between them


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