The Supreme Court in Jaswant Singh & Ors. v. The State of Chhatisgarh, while placing reliance on Laxman Naskar vs. Union of India (2002) 2 SCC 595, observed that the presiding judge should give adequate reasons while forming an opinion under Section 432 (2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr.P.C.”).
Brief Facts:
The Petitioners and the Co-Accused were tried and found guilty under Sections 147, 148, 302/149, 307/149 of the Indian Penal Code, 1860 and Section 3(2)(5) of the Scheduled Caste and Scheduled Tribes (Prevention of Corruption Act) and were sentenced to life imprisonment. They have been undergoing the sentence of imprisonment for about 16 years without remission. Application u/s 432 (2) of the Cr.P.C. was presented for pre-mature release. The Special Judge gave his opinion stating inter alia that the present case was not a fit case to allow remission of the remaining sentence of the said Petitioners.
One of the Co-Accused preferred a writ petition vide which a direction was issued to consider the relevant factors laid in the case of Laxman Naskar v. Union of India (2002 2 SCC 595) and then decide. Thereafter, Co-Accused (Ram Chander)’s sentence was set aside and a recommendation to remit his sentence was ordered.
Observations of the Court:
The Court analyzed the judgement where the Co-Accused’s writ petition was allowed, and the matter was sent for reconsideration. The Bench in the judgement of the Co-Accused had observed that “An opinion accompanied by inadequate reasoning would not satisfy the requirements of Section 432 (2) of the CrPC. Further, it will not serve the purpose for which the exercise under Section 432 (2) is to be undertaken, which is to enable the executive to make an informed decision taking into consideration all the relevant factors.”
The decision of the Court:
The Top Court thus, concluded that the Special Judge’s opinion did not contain reasons regarding the factors to be taken into consideration as laid down in the case of Laxman Naskar vs. Union of India. Thus, the matter was sent for reconsideration to the Special Judge, and he was directed to provide an opinion on the applications of the Petitioners accompanied by adequate reasoning.
Case Title: Jaswant Singh & Ors. v. The State of Chhatisgarh
Coram: Hon’ble Justice Dinesh Maheshwari, Hon’ble Justice Bela M. Trivedi
Case No: Writ Petition (CRL.) No. 323 OF 2022
Citation: 2023 Latest Caselaw 29 SC
Advocate for Petitioner: Mr. Mohd. Irshad Hanif, AOR Mr. Gurmeet Singh, Adv. Mr. Danis Sher Khan, Adv
Advocate for Respondent: Mr. Vishal Prasad, AOR Ms. Ritika Sethi, Adv
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