Sandeep Bhagat vs State Of Uttarakhand And Others

Alok Kumar Verma, J

This Criminal Writ Petition has been filed under Article 226 of the Constitution of India to issue a writ of mandamus commanding the respondents to decide the application of the petitioner dated 27.07.2021, preferred by the petitioner, for clemency and remission.

Heard Mr. Aditya Singh, learned counsel for the petitioner and Mr. Pratiroop Pandey, learned AGA for the State.

Mr. Aditya Singh, the learned counsel for the petitioner, submitted that on 08.09.2008, the petitioner was convicted and sentenced to undergo imprisonment for life for the offence punishable under the Indian Penal Code. The petitioner had preferred an appeal. The said appeal was dismissed on 10.04.2013.

The petitioner – convict – Sandeep Bhagat had filed a petition under Article 226 of the Constitution of India to issue a writ in the nature of mandamus commanding the respondents to release the petitioner in terms of the provisions contained under Sections 432, 433 and 433 A of the Code of Criminal Procedure, 1973.

After hearing the learned counsel for both the parties, the Co-ordinate Bench had decided the said Criminal Writ Petition (No.1472 of 2020) on 10.06.2021 by directing that, in case, the petitioner moves an application seeking remission under the Code of Criminal Procedure, 1973 “the appropriate Committee”, constituted by the State Government, will consider and decide the same, strictly in accordance with law, as early as possible, preferably within forty five days from the date of all necessary formalities are completed, which are required to be made in this regard.

Mr. Aditya Singh, the learned counsel for the petitioner, submitted that after the said order dated 10.06.2021, the petitioner has submitted an application dated 27.07.2021 (Annexure No.2), which is still pending. He further submitted that the convict has a right to apply to the Competent Authority for remission and his case should be considered in a fair and reasonable manner.

Mr. Pratiroop Pandey, the learned counsel for the State, has no objection on the submission to direct the Competent Authority to decide the representation of the petitioner within four weeks.

In view of the submissions made by the learned counsel for the parties and in the facts and circumstances of the case, the present writ petition is disposed of and it is expected from the Competent Authority to consider and decide the said application dated 27.07.2021, submitted by the petitioner – Sandeep Bhagat, by a speaking order expeditiously preferably within a period of four weeks from the date of the receipt of the order, passed today, in accordance with the Statutory Law, Rules, Policy and Government Order. It is made clear that this Court has not expressed any opinion on the merits of the case.

A copy of this order be provided to the Principal Secretary, Home, the respondent no.2, for necessary compliance along with a copy of the application of the petitioner – Sandeep Bhagat dated 27.07.2021 (Annexure No.2).