Jharkhand High Court
Sukhlal Singh vs The State Of Jharkhand on 4 April, 2025
Author: Ambuj Nath
Bench: Ambuj Nath
2025: JHHC:10700
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (Cr.) No. 88 of 2023
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Sukhlal Singh, son of Darbari Singh, aged about 48 years,
resident of village-Chutki Ghutua, P.O. & P.S.-Latehar, District-
Latehar, Jharkhand ... ... Petitioner
-Versus -
1. The State of Jharkhand
2. The Principal Secretary, Department of Home, Jail & Disaster
Management, Govt. of Jharkhand, Project Building, Dhurwa, P.O. &
P.S.-Dhurwa, District-Ranchi, Jharkhand
3. The Inspector General of Prisons, Got. of Jharkhand, T.A. Division,
Dhurwa, P.O. & P.S.-Dhurwa, District-Ranchi, Jharkhand
4. The Superintendent of Police, Central Jail, Palamau, P.O. and P.S.
Medininagar, District-Palamau, Jharkhand
5. The Probation Officer, Department of Home, Jail & Disaster
Management, Govt. of Jharkhand, P.O. and P.S.-Latehar Dist.-Latehar,
Jharkhand
... ... Opposite Parties
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CORAM: - HON'BLE MR. JUSTICE AMBUJ NATH
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For the Petitioner : M/s. Rinku Bhakat, Advocate
For the State : M/s. Manoj Kumar, A.P.P.
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14/04.04.2025
The petitioner has filed this application for quashing of the part of the
decision of the State Sentence Review Board, dated 20.10.2022 vide Memo
No. 11/Prison No. 05/2021-4263 issued under the Signature of the Under
Secretary, Department of Home, Jail & Disaster Management, Govt. of
Jharkhand, whereby and wherein, the claim of premature release of the
petitioner was rejected on the ground that the convicting court has
specifically submitted the report that "the judgment of conviction and order
of sentence against the convict Sukhlal Singh for the offence under Section
396 and 397 of the I.P.C. is confirmed by the Hon'ble Court and it will not
be proper to release him from judicial custody.
2. Perused the report of the State Sentence Review Board, dated
20.10.2022, from perusal of which, it appears that the Superintendent of
Police, Latehar has submitted the report that the petitioner was not a habitual
criminal. He has also stated that no case was pending against him in Latehar
District and the local villagers, on enquiry, submitted that if the petitioner is
released, the villagers will not have any problem. It further appears that the
report of Probation Officer was also perused. The Probation Officer has
reported that the parents of the petitioner are very old and considering the
age of the petitioner, it does not appear that he will indulge in any crime.
The consideration for release of the petitioner on remission has only been
rejected on the ground that the convicting Court has stated that since the
petitioner was convicted under Sections 396 and 397 of the I.P.C. and 27 of
the Arms Act and his appeal has also been dismissed by the Hon'ble Court,
he should not be released on remission.
3. The petitioner Sukhlal Singh was tried in connection with S.T. Case
No. 135 of 2004 arising out of Barkakana Rail P.S. Case No. 19 of 2004 and
was convicted and sentenced under Section 396, 397 of the I.P.C. and 27 of
the Arms Act.
4. It was submitted that after remaining in custody for more than 24
years, this case was pressed before the State Sentence Review Board for his
release, but by the order dated 20.10.2022, as stated above, his release on
remission has been rejected.
5. Reliance has been placed upon the judgment of Hon'ble Supreme
Court rendered in case of Jaswant Singh and Others versus State of
Chhattisgarh and Another as reported in [2023 SCC Online SC 35] in
which Hon'ble Supreme Court has held at Paragraph 22.
"22. In the present case, there is nothing to indicate that
the presiding judge took into account the factors which
have been laid down in Laxman Naskar v. Union of India
(supra). These factors include assessing (i) whether the
offence affects the society at large; (ii) the probability of
the crime being repeated; (iii) the potential of the convict to
commit crimes in future; (iv) if any fruitful purpose is being
served by keeping the convict in prison; and (v) the socio-
economic condition of the convict's family. In Laxman
Naskar v. State of West Bengal (supra) and State of
Haryana v. Jagdish, (2010) 4 SCC 216, this Court has
reiterated that these factors will be considered while
deciding the application of a convict for premature
release."
6. In the present case, the Superintendent of Police and the Probation
Officer have reported that if the petitioner is released on remission, there is
no likelihood of his committing any offence in future. It further appears that
no fruitful purpose will be served by keeping the convict Sukhla Singh in
custody. It also appears that the socio-economic condition of the convict is
not good and he has to look after his ailing parents. The learned Convicting
Court has not stated anything apart from the fact that the petitioner has
been sentenced in a case of serious nature as to why his release on
remission should not be considered. It appears that the prayer for release of
the petitioner on remission has not been reasonably considered by the State
Sentence Review Board.
7. In view of the aforesaid facts, the matter is remanded back to the State
Sentence Review Board for considering the prayer of the petitioner for
releasing him on remission afresh. The State Sentence Review Board shall
seek further opinion from the learned Additional Sessions Judge-I, Latehar,
whether the petitioner shall be released on remission or not. The learned
Additional Sessions Judge-I, Latehar shall give afresh opinion
accompanied by adequate reasons after taking into consideration the
grounds as laid down in Laxman Naskar versus Union of India [(2010) 4
SCC 216]. The State Sentence Review Board shall also forward a copy of
the report of the Superintendent of Police, Latehar and the report of
Probation Officer to the learned Additional Sessions Judge-I, Latehar so
that he can give a fresh opinion based on the materials available on the
record. The matter should be disposed of within three months from the date
of receipt of this order.
8. This application is allowed.
(Ambuj Nath, J.)
Nandini/-
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