JASWANT SINGH & ORS versus THE STATE OF CHHATTISGARH & ANR.

Citation: [2023] 1 S.C.R. 595 · Decided: 13-01-2023 · Supreme Court of India · Bench: DINESH MAHESHWARI · Disposal: Appeal(s) allowed
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Judgment (excerpt)

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JASWANT SINGH & ORS.
v.
THE STATE OF CHHATTISGARH & ANR.
(Writ Petition (Crl.) No. 323 of 2022)
JANUARY 13, 2023
[DINESH MAHESHWARI AND BELA M. TRIVEDI, JJ.]
Code of Criminal Procedure 1973: s. 432(2) – Grant of
Remission –  Requirement of s. 432(2) – Held: Presiding Judge must
give adequate reasons while giving an opinion u/s. 432(2) – On
facts, three convicts, out of a total of eight, submitted their respective
applications for premature release but the same was refused–
Held:The said orders should have contained adequate reasons after
taking into consideration the relevant factors that govern the grant
of remission as laid down in Laxman Naskar’s case applications for
remission – Issuance of direction to the Special Judge to reconsider
the applications of the petitioners afresh, accompanied by adequate
reasoning.
Laxman Naskar v. Union of India, (2002) 2 SCC 595;
Union of India v. Sriharan @ Murugan (2016) 7 SCC
1 – relied on.
Case Law Reference
(2002) 2 SCC 595
relied on
Para 5
(2016) 7 SCC 1
relied on
Para 6
CRIMINAL ORIGINAL JURISDICTION : Writ Petition (Crl.)
No.323 of 2022.
(Under Article 32 of The Constitution of India)
Mohd. Irshad Hanif, Rizwan Ahmad, Shakeel Ahmad, Amir
Kaleem, Mohit Kumar, Gurmeet Singh, Saleem Khan, R. Sharath, Advs.
for the Petitioners.
Vishal Prasad, Ms. Ritika Sethi, Advs. for the Respondents.
The Judgment of the Court was delivered by
BELA M. TRIVEDI, J.
1. The petitioners, who are the convicts and undergoing the
sentence of life imprisonment in view of the order dated 13.02.2015
passed by this Court in SLP (Crl.) No. 1348-49 of 2015, confirming the
judgement and order dated 10.05.2013 passed by the High Court of
   [2023] 1 S.C.R. 595
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SUPREME COURT REPORTS
[2023] 1 S.C.R.
Chhattisgarh at Bilaspur, in Criminal Appeal No. 933/2010 (arising out
of Sessions Case No. 16/2006), have invoked Article 32 of the
Constitution of India seeking issuance of appropriate writ, order or
direction commanding the respondents for presenting the case of the
petitioners to the sentencing Court for fresh consideration.
2. The present petitioners along with other co-accused having
been charged for the offences under Section 147, 148, 302/149, 307/149
of IPC and Section 3(2)(5) of the Scheduled Caste and Scheduled Tribes
(Prevention of Corruption Act) were tried and found guilty for the said
offences by the Special Judge (SC, ST), Durg, in Special Case No. 16/
2006, were sentenced to life imprisonment. It was alleged against them
that all the accused, 8 in number, had constituted an unlawful assembly
and had killed Kartikram and Puneet using deadly weapons like sword,
axe, wooden stick etc.
3.The petitioner no.1 Jaswant Singh, aged about 63 years;
petitioner no.2 Ajay, aged about 43 years and petitioner no.3 Naresh,
aged about 57 years on their undergoing the sentence of imprisonment
for about 16 years without remission (with remission about 21 years of
imprisonment) had submitted their respective applications under Section
432(2) of Cr.PC to the Jail Superintendent, Central Jail, Durg seeking
their premature release. The Jail Superintendent sought an opinion of
the concerned Sessions Court which had convicted the petitioners. The
Special Judge, Durg, Chhattisgarh vide the letters dated 2.7.2021,
10.8.2021 and 1.10.2021 respectively gave his opinion stating inter alia
that in view of the facts and circumstances of the case, it was not
appropriate to allow remission of the remaining sentence of the said
petitioners.
4. The Law Department, Government of Chhattisgarh, also vide
the note dated 27.11.2021 gave an opinion that in view of the opinion
given by the presiding Judge of the Sentencing Court, the petitioner no.
1 and 3 ought not to be given the benefit of the provisions of Section
433-A Cr.PC. Thereafter, the Director General, Jail and Correctional
Services Chhattisgarh on 21.02.2022 referred the case of the petitioner
no.2 to the Home Department, Government of Chhattisgarh and on
02.03.2022, addressed a letter to the Addl. Chief Secretary, Jail
Department, Government of Chhattisgarh, for again moving the file of
the petitioner no.1 and 3 for remission along with other convicts. On
22.3.2022, the Law Department, Government of Chhattisgarh once again
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gave its opinion that since the presiding Judge of the Sentencing Court
had not given positive opinion, the petitioner no.1 and 3 should not be
released on remission. The Director General, Jail
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