What is object of judicial appraisal by Judge while grant remission to prisoner?

 As observed earlier, in the case of State of Haryana Vs.
Mohinder Singh & Ors (supra), the decision to grant remission has to be
reasonable and fair to all the concerned and that the grant of remission is
statutory. The object of providing for judicial appraisal is to ensure that the
Order or the Policy or the Rules of the State Government for grant of
remissions are applied and implemented reasonably and fairly. When a
Judicial Officer makes a judicial appraisal of the entitlement of the prisoner
for grant of the State remission under the said Government Circular, the
scope of judicial appraisal is to examine whether the case of the prisoner is
covered by the Order contained in the said Government
Resolution/Circular.
11] In the present case, we find that the learned Additional Sessions
Judge has not even adverted to the said Government Circular with a view
to ascertain whether the petitioner is entitled to the benefit of remission.
He has merely observed that considering the nature of the offence
committed by the petitioner, he should be denied remission.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.1414 OF 2018

Satish Dada Londhe Vs The State of Maharashtra 


CORAM : A.S. OKA & A.S.GADKARI, J.J.
DATE : 1st February 2019.
(Per A.S. Oka, J.)

Print Page