Case Note & Summary
The petitioner, Nandkumar s/o Shivmurti Mundhe, a life convict undergoing sentence at Harsool Jail, Aurangabad, filed a Criminal Writ Petition under Article 226 of the Constitution of India before the Bombay High Court, Bench at Aurangabad. He sought directions to the respondents, the State of Maharashtra and the Superintendent of Central Prison Harsool Jail, to grant him remission of 2 years in view of the Government Circular dated 6th August, 1997. The petitioner was convicted under Section 302 of the Indian Penal Code and sentenced to life imprisonment. The Government Circular dated 6th August, 1997 provided for remission of 2 years to certain categories of convicts. The petitioner claimed that he was entitled to the benefit of this circular. The respondents opposed the petition, arguing that the circular did not apply to convicts under Section 302 IPC. The court, after hearing the parties, held that the Government Circular dated 6th August, 1997 applies to all convicts, including those sentenced to life imprisonment under Section 302 IPC. The court directed the respondents to grant remission of 2 years to the petitioner in accordance with the circular. The petition was allowed, and rule was made absolute.
Headnote
A) Remission of Sentence - Government Circular dated 6th August 1997 - Entitlement of Life Convict - The petitioner, a life convict under Section 302 IPC, sought remission of 2 years under the Government Circular dated 6th August 1997. The court held that the petitioner is entitled to the benefit of the circular as it applies to all convicts, including those sentenced to life imprisonment, and directed the respondents to grant remission of 2 years. (Paras 3-5) B) Constitutional Law - Article 226 of the Constitution of India - Writ Jurisdiction - The petitioner invoked the writ jurisdiction of the High Court under Article 226 seeking directions to grant remission. The court exercised its jurisdiction to enforce the government circular and directed the respondents to consider the petitioner's case for remission. (Paras 3, 5)
Issue of Consideration
Whether the petitioner, a life convict, is entitled to the benefit of remission of 2 years under the Government Circular dated 6th August, 1997.
Final Decision
The petition is allowed. The respondents are directed to grant remission of 2 years to the petitioner in view of the Government Circular dated 6th August, 1997. Rule is made absolute.
Law Points
- Remission of sentence
- Government Circular dated 6th August 1997
- Article 226 of the Constitution of India
- Section 302 IPC
- Section 433 CrPC
- Section 433A CrPC
