Power To Remit Sentence Considering Gravity Of Offence Is Discretionary But Must Stand Scrutiny Of Articles 14 & 21: Chhattisgarh HC
The Chhattisgarh High Court observed that the power to remit a sentence considering gravity and nature of offence is discretionary, but must stand the scrutiny of Article 14 and 21 of the Constitution of India.
The Court observed thus in a Writ Petition filed by a man seeking his release as he was convicted for the offences under Section 395 read with Section 397 and Section 302 read with Section 396 and Section 307 of the Indian Penal Code (IPC).
A Division Bench comprising Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal emphasised, “The power to remit a sentence considering gravity and nature of offence is discretionary, but must stand the scrutiny of Article 14 and 21 of the Constitution of India.”
The Bench directed the release of the said convict after having completed 25 years of imprisonment.
Advocate Rajesh Kumar Jain appeared for the Petitioner while Government Advocate Sangharsh Pandey appeared for the Respondents.
In this case, the Petitioner was convicted under Sections 395, 397, 302, and 396 of the IPC was sentenced to life imprisonment in 2009. He completed actual imprisonment of 19 years and 08 months and 17 days and earned remission of 05 years and 06 months 23 days, overall completing for then 25 years of imprisonment. The Petitioner had applied for remission under Section 432 of the Criminal Procedure Code (CrPC) but his Application was rejected by the Respondent authorities. Hence, he was before the High Court.
The Court in the above regard, said, "Considering the fact that the petitioner completed imprisonment of 19 years and 08 months and 17 days and earned remission 05 years and 06 months 23 days as on 11.12.2024, thereby including remission petitioner completed 25 years 03 months and 10 days of imprisonment as on 11.12.2024.”
The Court, therefore, concluded that the impugned Order passed by the Respondent cannot be sustained in the eyes of law.
Accordingly, the High Court allowed the Writ Petition and directed the release of the convict.
Cause Title- Parmeshwar @ Parsiya @ Shiva v. State of Chhattisgarh & Others (Neutral Citation: 2025:CGHC:283-DB)
