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Shyamlal Rajak Vs. State of M.P. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtMadhya Pradesh High Court
Decided On
Judge
Reported in1983CriLJ464
AppellantShyamlal Rajak
RespondentState of M.P.
Cases ReferredMohansingh v. State of M.P.
Excerpt:
.....term shall be deemed to have lapsed. it does not convey that scheme gets automatically lapsed. - ) 5. clause (e) of this notifications clearly provides that all those prisoners who have undergone a sentence of 16 years or more inclusive of remissions, shall be released......to the extent of one year in the sentence of those prisoners who have undergone sentence of five years inclusive of remissions,(b) to the extent of six months in the sentence of those prisoners who have undergone sentence of less than five years and more than two years inclusive of remissions:(c) to the extent of three months in the sentence of those prisoners who have undergone sentence of less than two years and more than six months inclusive of remissions:(d) to the extent of fifteen days in the sentence of those prisoners who have undergone sentence of less than six months inclusive of remissions., and(e) all those prisoners who have undergone sentence of sixteen years or more, inclusive of remissions, shall be released,(2). special remissions:(a) in addition to the aforesaid.....
Judgment:

G.L. Oza, J.

1. This petition has been filed by the petitioner from jail.

2. According to the petitioner, he was serving sentence of imprisonment for life and other concurrent sentences and on the date of Notification dated 26-1-78, he had been in jail for more than 14 years and, therefore, in view of the decision of this Court, reported in Mohansingh v. State of M.P. 1980 MPLJ 665 : 1981 Cri LJ 147, he is entitled to be released.

3. Learned Government Advocate appearing for the respondent State contends that this Notification, issued by the State Government., was in exercise of powers Under Section 432(1) of the Cr. P. Code and what it provided was that a person who has been in jail for 16 years would be entitled to be released and in case of scheduled castes and scheduled tribes prisoners, the period provided is 14 years, but in the decision referred to above, this Court held that the advantage given to the prisoners of scheduled castes and scheduled tribes, would be available to all other prisoners and, therefore, Under Section 432(1) of the Cr. P.C. this exemption granted by the State Government amounts to this that if a prisoner has been in custody for more than 14 years, he is entitled to be released.

4. It is contended that the question of being in jail under one or two sentences will not be material in view of the language used in the Notification and the language of Section 432(1) of the Cr. P. Code. It was also contended that although the petitioner's petitions have been considered earlier, but they have not been considered on basis of this Notification and Section 432(1) of the Cr. P.C. In those petitions other contentions were also advanced, but they were repelled. Learned Counsel for the petitioner also contended that he does not want to raise any other question except the interpretation of this Notification in the light of (the language of Section 432(1) of the Cr. P.C. which reads as under:

432. Power to suspend or remit sentences.- (1) When any person has been sentenced to punishment for an offence, the appropriate Government may, at any time, without conditions or upon any conditions which the person sentenced accepts, suspend the execution of his sentence or remit the whole or any part of the punishment to which he has been sentenced.

In exercise of the powers under this section, the State Government issued Notification on 25-1-1978, the relevant portion of which is as under:

No. 4531-17 (e)/27/78/XXIB. In exercise of powers conferred under Sub-section (1) of Section 432 of the Cr. P.C., 1973, the Government of Madhya Pradesh are pleased to grant following remissions to the prisoners sentenced by the Court in Madhya Pradesh who have been undergoing sentence of imprisonment on 26th January, 1978 in the jails of the State or in the jails of other States- (1).

General Remissions:

(a) to the extent of one year in the sentence of those prisoners who have undergone sentence of five years inclusive of remissions,

(b) to the extent of six months in the sentence of those prisoners who have undergone sentence of less than five years and more than two years inclusive of remissions:

(c) to the extent of three months in the sentence of those prisoners who have undergone sentence of less than two years and more than six months inclusive of remissions:

(d) to the extent of fifteen days in the sentence of those prisoners who have undergone sentence of less than six months inclusive of remissions., and

(e) all those prisoners who have undergone sentence of sixteen years or more, inclusive of remissions, shall be released,

(2). Special Remissions:

(a) In addition to the aforesaid remission, all female prisoners and those prisoners as belonging to the Scheduled Castes and Scheduled Tribes notified under Articles 341 and 342 of Constitution shall be given by way of Special Remission, further remission equal to to general remission granted to them under Para. 1 (a), (b) (c) and (d) of this order.

(b) The female prisoners and the prisoners belonging to Scheduled Castes and Scheduled Tribes who have undergone sentences of fourteen years or more inclusive of remissions shall be released.

(Note- Such prisoners shall not be dealt with in accordance with para 1 (e) of this order but shall be dealt with only in accordance with para 2 (b) thereof.)

5. Clause (e) of this Notifications clearly provides that all those prisoners who have undergone a sentence of 16 years or more inclusive of remissions, shall be released. It is, therefore, clear that in exercise of powers Under Section 432(1) of the Cr. P. Code, by this Notification, the State Government provided that all those prisoners who have been in jail for more than 16 years inclusive of remissions, shall be released and because of the decision in Mohansingh's case (1981 Cri L. J. 147) cited above, this period of 16 years will now be 14 years in case of all prisoners.

6. In the Notification Clause (e) which is under consideration, what is provided is 'who have undergone sentence of 16 years or more' and it is not provided whether this sentence which a person has undergone, is under one conviction or more than one conviction The language of Section 432(1) of the Cr. P.C. empowers the State Government to remit the whole or any part of the punishment to which a person may have been sentenced. It is, therefore, apparent that when this remission was granted under Clause (e) of the Notification, it only provided that if a person is in jail for 16 years or more, inclusive of remissions, he is entitled to be released. The purpose appears to be that a person should not be in jail for more than 16 years on the date of the Notification and in that view of the matter, therefore, the question as to whether he was serving the sentence under one conviction or more than one conviction, is not even necessary to be considered.

7. It is, therefore, clear that if the petitioner has been in jail on the date of this Notification for more than 14 years, he is entitled to be released under this Notification. It is not disputed that on the date of this Notification, he was in jail for more than 14 years. It is, therefore, apparent that he is entitled to be released under this Notification on the date on which it was issued, or at least when Mohansingh's case was decided.

8. Under these circumstances, therefore, the petition is allowed and it is directed that the petitioner shall be released forthwith, if not wanted in connection with any other case, as he has served out the sentence as provided in the Notification.


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