Case Note & Summary
The petitioner, Ravi Patil, was serving a life sentence for offences under Sections 302 and 201 of the Indian Penal Code at Central Jail, Colvale, Goa. He had undergone 19 years, four months, and one month of imprisonment. His case was referred to the State Sentence Review Board, which on 18th August 2017 recommended his premature release. However, the Board's decision also directed the Government to obtain the opinion of the Presiding Judge of the convicting or confirming court before exercising the power of remission under Section 432 of the Code of Criminal Procedure, 1973, in compliance with the Supreme Court's judgment in Criminal Appeal No.490-491 of 2011. The petitioner filed a Criminal Writ Petition seeking implementation of the Board's recommendation. The High Court, after hearing the Amicus Curiae, the Additional Public Prosecutor, and the petitioner's counsel, disposed of the petition with a direction to the State Government to obtain the opinion of the convicting court as required and then take a decision on the petitioner's premature release within a reasonable time. The court did not quash the Board's recommendation but ensured compliance with the legal mandate.
Headnote
A) Criminal Procedure - Remission of Sentence - Section 432 CrPC - Premature Release - The State Sentence Review Board recommended premature release of a life convict, but the Government was directed to obtain the opinion of the Presiding Judge of the convicting or confirming court before exercising remission power under Section 432 CrPC, as per the Supreme Court's judgment in Criminal Appeal No.490-491 of 2011. (Paras 4-5)
Issue of Consideration
Whether the State Government can exercise power of remission under Section 432 CrPC without obtaining the opinion of the convicting or confirming court as mandated by the Supreme Court in Criminal Appeal No.490-491 of 2011.
Final Decision
The High Court disposed of the petition with a direction to the State Government to obtain the opinion of the Presiding Judge of the convicting or confirming court as required by the Supreme Court's judgment in Criminal Appeal No.490-491 of 2011, and thereafter take a decision on the petitioner's premature release within a reasonable time.
Law Points
- Premature release
- Sentence Review Board
- Remission under Section 432 CrPC
- Opinion of convicting court
- Life sentence
Case Details
Criminal Writ Petition No.110 of 2019
M.S. Sonak, Nutan D. Sardessai
Nigel da Costa Frias (Amicus Curiae), T. George John (for Petitioner), Pravin Faldessai (Addl. PP for Respondents)
State of Goa, Inspector General of Prisons, Superintendent of Central Jail, Public Prosecutor
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Nature of Litigation
Criminal Writ Petition seeking direction for premature release of a life convict.
Remedy Sought
Petitioner sought implementation of the Sentence Review Board's recommendation for his premature release.
Filing Reason
The State Government had not yet acted on the Board's recommendation, and the petitioner sought a direction to expedite the process.
Previous Decisions
The Sentence Review Board on 18th August 2017 recommended premature release but directed the Government to obtain the opinion of the convicting court before exercising remission under Section 432 CrPC.
Issues
Whether the State Government is required to obtain the opinion of the convicting or confirming court before granting remission under Section 432 CrPC.
Submissions/Arguments
Petitioner argued that the Board's recommendation should be implemented without further delay.
Respondents submitted that the Government must comply with the Supreme Court's direction to obtain the opinion of the convicting court.
Ratio Decidendi
The power of remission under Section 432 CrPC must be exercised in accordance with the law laid down by the Supreme Court, which mandates obtaining the opinion of the convicting or confirming court before granting premature release to a life convict.
Judgment Excerpts
The Board has recommended the premature release of convict prisoner No.571/02-Ravi @ Ravi Kumar Patil only. However the Government, before actually exercising the power of remission u/s. 432 of the C.R.P.C. may obtain the opinion of the Presiding Judge of the convicting or confirming Court in terms of the Judgment in Criminal Appeal No.490-491 of 2011 of the Hon'ble Supreme Court.
Procedural History
The petitioner was convicted for murder and sentenced to life imprisonment. His case was referred to the State Sentence Review Board, which on 18th August 2017 recommended premature release subject to obtaining the convicting court's opinion. The petitioner then filed Criminal Writ Petition No.110 of 2019 seeking implementation. The High Court heard the matter and disposed it on 13th September 2019 with directions.
Acts & Sections
- Indian Penal Code, 1860: 302, 201
- Code of Criminal Procedure, 1973: 432
