Case Note & Summary
The petitioner, Mohd. Ali s/o Mohd. Habib Shaikh, was a convict lodged in Open Prison, Paithan, serving sentence for offences under Section 376 of the Indian Penal Code and Section 3(1)(xii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. He filed a Criminal Writ Petition under Article 226 of the Constitution of India before the Bombay High Court, Aurangabad Bench, seeking directions to the State of Maharashtra and the Superintendent of Open Prison to grant him remission of two years as per the Government Circular dated 6th August 1997. The petitioner argued that the Circular provides for remission to all prisoners, and he was eligible. The respondents opposed, contending that the Circular was issued under the Probation of Offenders Act, 1958, and since Section 18 of that Act bars its application to offences under Section 376 IPC, the petitioner was not entitled to remission. The court, after hearing both sides, examined the Circular and found that it was a general policy decision for remission of sentences, not specifically under the Probation of Offenders Act. The court held that the Circular applies to all prisoners irrespective of the bar under Section 18 of the Probation of Offenders Act. Accordingly, the court allowed the petition and directed the respondents to grant the petitioner remission of two years. The judgment was delivered by a division bench comprising Justice S.S. Shinde and Justice Mangesh S. Patil on 12th October 2017.
Headnote
A) Criminal Law - Remission of Sentence - Government Circular - Petitioner convicted under Section 376 IPC and Section 3(1)(xii) of SC/ST Act sought remission under Government Circular dated 6th August 1997 - Court held that the Circular applies to all prisoners irrespective of the bar under Section 18 of the Probation of Offenders Act, as the Circular is a policy decision for remission and not probation - Held that the petitioner is entitled to remission of two years (Paras 1-10).
Issue of Consideration
Whether the petitioner is entitled to remission of two years under the Government Circular dated 6th August 1997, despite the bar under Section 18 of the Probation of Offenders Act?
Final Decision
The petition is allowed. The respondents are directed to grant remission of two years to the petitioner in view of the Government Circular dated 6th August 1997.
Law Points
- Remission of sentence
- Government Circular
- Probation of Offenders Act
- Section 376 IPC
- SC/ST Act
- Article 226
