Case Note & Summary
The petitioner, Vitthal Rayaji Gadekar, was convicted for offences under Sections 498A and 306 of the Indian Penal Code and was serving his sentence at Central Prison, Amravati. He claimed remission of sentence based on the Government Resolution dated 3-6-2017, which was issued on account of the 125th Birth Anniversary of Dr. Babasaheb Ambedkar, laying down a policy for granting remission. The claim was rejected by the prison authorities based on the opinion of the Additional Sessions Judge, Washim, dated 5-3-2018, who opined that since the offence was abetment of suicide, the convict did not deserve remission. The petitioner challenged this rejection in the Bombay High Court. The court examined the Government Resolution and noted that it carved out certain excepted categories at Serial Nos. (i) to (vi) for which remission would not be granted. The respondents did not claim that the petitioner fell under any of those excepted categories. The only reason for rejection was the nature of the offence. The court held that this reason was not germane to the issue of entitlement to remission under the Resolution. The court found that the denial of remission was not justified. Consequently, the court allowed the petition, set aside the impugned order, and directed the respondents to grant remission to the petitioner in accordance with the Government Resolution dated 3-6-2017.
Headnote
A) Criminal Law - Remission of Sentence - Government Resolution Policy - The court considered whether the opinion of the Additional Sessions Judge that a convict under Section 306 IPC does not deserve remission is a valid ground to reject remission under the Government Resolution dated 3-6-2017. The court held that the reason assigned was not germane to the issue of entitlement to remission as the convict did not fall under any excepted categories in the Resolution. (Paras 3-5)
Issue of Consideration
Whether the opinion of the Additional Sessions Judge that a convict under Section 306 IPC (abetment of suicide) does not deserve remission is a valid ground to reject remission under the Government Resolution dated 3-6-2017.
Final Decision
The petition is allowed. The impugned order rejecting remission is set aside. The respondents are directed to grant remission to the petitioner in accordance with the Government Resolution dated 3-6-2017.
Law Points
- Remission of sentence
- Government Resolution policy
- Exceptional categories
- Section 432 CrPC
- Opinion of Sessions Judge
Case Details
2018 LawText (BOM) (09) 120
Criminal Writ Petition No.439 of 2018
R.K. Deshpande, Arun D. Upadhye
Ms Rutuja Palaspagar for Petitioner, Ms Sangeeta Jachak, Additional Public Prosecutor for Respondents
State of Maharashtra, Superintendent of Jail, Central Prison, Amravati
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Nature of Litigation
Criminal writ petition challenging rejection of remission of sentence.
Remedy Sought
Petitioner sought remission of sentence under Government Resolution dated 3-6-2017.
Filing Reason
Rejection of remission claim based on opinion of Additional Sessions Judge that offence of abetment of suicide does not deserve remission.
Previous Decisions
Additional Sessions Judge, Washim, on 5-3-2018 opined to reject remission claim.
Issues
Whether the opinion of the Additional Sessions Judge that a convict under Section 306 IPC does not deserve remission is a valid ground to reject remission under the Government Resolution dated 3-6-2017.
Submissions/Arguments
Petitioner argued that he does not fall under any excepted categories in the Government Resolution.
Respondents relied on the opinion of the Additional Sessions Judge that the offence of abetment of suicide does not deserve remission.
Ratio Decidendi
The reason assigned by the Additional Sessions Judge that the convict is for the offence of abetment of suicide is not germane to the issue of entitlement to remission under the Government Resolution, as the convict does not fall under any excepted categories in the Resolution.
Judgment Excerpts
The only reason assigned in the opinion dated 5-3-2018 is that the offence is of abetment of suicide and, therefore, the convict does not deserve any remission of sentence as per the Government Resolution.
The reason assigned in the opinion that the petitioner-prisoner is the convict for the offence of abetment of suicide, in our view, is not germane to the issue of his entitlement to remission in terms of the said Government Resolution.
Procedural History
The petitioner was convicted under Sections 498A and 306 IPC. He claimed remission under Government Resolution dated 3-6-2017. The prison authority sought opinion of the Additional Sessions Judge, who on 5-3-2018 opined against remission. The claim was rejected. The petitioner filed Criminal Writ Petition No.439 of 2018 before the Bombay High Court, Nagpur Bench.
Acts & Sections
- Indian Penal Code, 1860: 498A, 306
- Code of Criminal Procedure, 1973: 432(2)
