Damji Vs. State of Gujarat & Ors.
EmailAppeal: Writ Petition (Criminal) No. 675 of 1986.
Petitioner: Damji
Respondent: State of Gujarat & Ors.
Apeal: Writ Petition (Criminal) No. 675 of 1986.
Judges: A.P. SEN & B.C. RAY,JJ.
Date of Judgment: Sep 24, 1987
Head Note:
CRIMINAL LAW
Code of Criminal Procedure, 1973; sections 432 and 433-A – Indian Penal Code, 1860; section 302 – Premature release – Applicability of provisions of s.433-A – Where conviction was recorded prior to insertion of s.433-A, provisions of s.433-A not applicable.
Cases Reffered:
Maru Ram etc. v. Union of India, (1981) 1 SCR 1196.
JUDGEMENT:
O R D E R
1. By an order dated January 3, 1985, the State Government of Maharashtra, in exercise of the powers conferred by sub-s.(1) of S.432 of the Code of Criminal Procedure, 1973, purported to remit that portion of the sentence of imprisonment, which is in excess of 20 years of total imprisonment, including all remissions, in the case of the petitioner undergoing imprisonment for life on his conviction under s.302 of the Indian Penal Code, 1860, subject to his good behaviour and conduct in prison. The impugned order declining to give to the petitioner the benefit to give to the petitioner the benefit of premature release does not disclose any reasons. Presumably, the Government was misled that the case of the petitioner is governed by S.433-A of the Code. According to the decision of this Court in MARU RAM ETC. V. UNION OF INDIA (1981) 1 SCR 1196, the provision contained in s.433-A of the Code is to applicable in those cases where the conviction was recorded prior to December 18, 1978 i.e. the date on which s.433-A was introduced by the Code of Criminal Procedure (Amendment Act, 1978.
2. We must accordingly allow the petition, and issue a direction to the petition, and issue a direction to the State Government to reconsider and dispose of the application made by the petitioner for premature release within a period of four weeks from today. It shall be open to the Government to come to its own decision as to whether the benefit of premature release should be extended to the petitioner or not, having regard to all the attendant facts and circumstances of the case.
Petition allowed.
1. By an order dated January 3, 1985, the State Government of Maharashtra, in exercise of the powers conferred by sub-s.(1) of S.432 of the Code of Criminal Procedure, 1973, purported to remit that portion of the sentence of imprisonment, which is in excess of 20 years of total imprisonment, including all remissions, in the case of the petitioner undergoing imprisonment for life on his conviction under s.302 of the Indian Penal Code, 1860, subject to his good behaviour and conduct in prison. The impugned order declining to give to the petitioner the benefit to give to the petitioner the benefit of premature release does not disclose any reasons. Presumably, the Government was misled that the case of the petitioner is governed by S.433-A of the Code. According to the decision of this Court in MARU RAM ETC. V. UNION OF INDIA (1981) 1 SCR 1196, the provision contained in s.433-A of the Code is to applicable in those cases where the conviction was recorded prior to December 18, 1978 i.e. the date on which s.433-A was introduced by the Code of Criminal Procedure (Amendment Act, 1978.
2. We must accordingly allow the petition, and issue a direction to the petition, and issue a direction to the State Government to reconsider and dispose of the application made by the petitioner for premature release within a period of four weeks from today. It shall be open to the Government to come to its own decision as to whether the benefit of premature release should be extended to the petitioner or not, having regard to all the attendant facts and circumstances of the case.
Petition allowed.
