Summary
A life convict sought consideration for premature release after prolonged imprisonment while his criminal appeal remained pending. The Court directed the competent authority to consider remission within three months and the State to reconsider its newly introduced minimum age of 60 years within four months. It questioned that age condition without finally deciding its validity. Having served about 22½ years without remission, the petitioner was granted bail pending consideration.
Issues
- Whether pendency of a criminal appeal prevented consideration for remission.
- What relief was appropriate where the State accepted that the later minimum-age restriction did not apply to the petitioner.
Held
- The State accepted that the petitioner was covered by the 2018 policy and that the 2021 minimum-age restriction could not apply, referring to the settled approach concerning the policy prevailing at conviction. The Court did not find it necessary to further adjudicate that conceded issue. (¶ 8-9)
- Suspension of sentence during appeal and consideration for remission are distinct remedies. Pendency of the appeal did not preclude the State from examining remission; the competent authority was directed to consider the petitioner’s case within three months. (¶ 10-13)
- The minimum-age condition raised serious prima facie concerns, illustrated by its effect on a young offender. Its validity was not finally decided or the clause struck down; the State was directed to take a fresh look within four months, notwithstanding the pending challenge to the policy. (¶¶ 9, 13)
- In view of the petitioner’s approximately 22½ years of actual imprisonment and almost 28 years including remission, bail was granted pending consideration under the directions. The writ petition was allowed on those terms, with parties bearing their own costs. (¶ 14-15)
Result
Writ petition allowed on specified terms: remission consideration within three months, reconsideration of the 2021 age condition within four months, and interim bail. Parties to bear their own costs.