CRIMINAL WRIT PETITION No. 71 OF 2020

18th February 2020

Petitioner Counsel: Shri A. Y. Sharma
Respondent Counsel: Smt. N. R. Tripathi
Act Name: Indian Penal Code, 1860

HeadLine : For grant of remission in sentences to prisoners liberal & most favourable guidelines should be applied.

Section :
Section 149 Indian Penal Code, 1860 Section 302 Indian Penal Code, 1860

Cases Cited :
Para 2: Jaspalsing Charansing Saini and others Vs. State of Maharashtra, 2007 ALL MR (Cri) 2155
Paras 4, 5: State of Haryana and others Vs. Jagdish, AIR 2010 SC 1690

JUDGEMENT

Sunil B. Shukre, J.

1. Heard. Rule. Rule made returnable forthwith. Heard finally by consent.

2. It is not in dispute that the petitioners, who have been convicted for an offence punishable under Section 302, read with Section 149 of the Indian Penal Code were the persons who committed the crime out of business rivalry. The conviction of the petitioners has been maintained by this Court in its judgment and order dated 5th July, 2007, Jaspalsing Charansing Saini and others vs. State of Maharashtra, reported in 2007 ALL MR (Cri) 2155. This Court, in paragraph, 44 has observed that the crime was committed from out of business rivalry.

3. The guidelines issued by the State Government vide G.R. dated 11th May, 1992, as contained in annexure thereto, show that the murder resulting from business rivalry would be a case in which remission in sentence could be granted after the prisoner undergoes 26 years of imprisonment including remission subject to minimum of 14 years of actual imprisonment including set of period. In the subsequent G.R. dated 15th March, 2010, prisoners falling in the category of the murder convicts for the reason of business rivalry are eligible to receive remission after 22 years of actual imprisonment, subject to minimum of 14 years of actual imprisonment including set of. The relevant clause of G.R. dated 11th May, 1992 is 3(d) and whereas the relevant clause of the G.R. dated 15th March, 2010 is clause 4(c).

4. In the case of State of Haryana and others vs. Jagdish, reported in AIR 2010 SC 1690, it has been held that as the guidelines prescribed from time to time by the State Government for grant of remission in sentences to the prisoners are beneficial for the prisoners, those guidelines which are most liberal from the view point of the prisoners should be applied to a given case, irrespective of the fact that when the crime was committed, that liberal guidelines was not in existence.

5. Applying the law laid down by the Hon’ble Supreme Court in the case of Jagdish (supra), we find that the case of the petitioners would be governed by the guidelines stated in the G.R. dated 15th March, 2010 as from amongst the two G.Rs. the G.R. dated 11th May, 1992 and the G.R. dated 15th March 2010, it is the G.R. dated 15th March 2010 is liberal and most favourable to the petitioners.

6. Accordingly, we hold that the petitioners are eligible for being considered for grant of remission in their sentences in terms of clause 4(c), annexure 1, of the G.R. dated 15th March, 2010.

7. The Prison authority are directed to act accordingly.

8. Rule is made absolute in the above terms.

Decision : Petitioners held eligible for grant of remission in their sentences. Prison Authority directed to act accordingly. Rule made absolute,