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KRISHNA KUMAR @ GUDDU v. THE STATE OF MADHYA PRADESH

Supreme Court of India | Diary 10186/2019

Status

ROP - of Main Case

Decided On

12-04-2019

Bench

HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE and HON'BLE MR. JUSTICE DINESH MAHESHWARI

Petitioner

KRISHNA KUMAR @ GUDDU

Respondent

THE STATE OF MADHYA PRADESH

Primary Holding

A convict serving a long sentence retains the liberty to seek release on remission under applicable State remission rules, and the concerned authority must consider such applications on merits in accordance with law.

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Full Judgment Text

ITEM NO.40 COURT NO.6 SECTION II-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s). 10186/2019 (Arising out of impugned final judgment and order dated 06-07-2017 in CRLA No. 1898/2002 passed by the High Court of M.P Principal Seat at Jabalpur) KRISHNA KUMAR @ GUDDU Petitioner(s) VERSUS STATE OF MADHYA PRADESH Respondent(s) (FOR ADMISSION and I.R. and IA No.58414/2019-CONDONATION OF DELAY IN FILING and IA No.58415/2019-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.58416/2019-EXEMPTION FROM FILING O.T.) Date : 12-04-2019 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE HON'BLE MR. JUSTICE DINESH MAHESHWARI For Petitioner(s) Mr. V.Shekhar,Sr.Adv. Mr. Chander Shekhar Ashri, AOR Mr. Shakti Pandey,Adv. Mr. Prithviraj Singh,Adv. Ms. Sheetal P.,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Delay condoned. We are inclined to dismiss this special leave petition finding no merit therein. However, learned senior counsel for the petitioner submits that the petitioner is in jail for more than sixteen years and still continues to be so in jail. 1

If that be so then, in our opinion, the petitioner shall always be at liberty to apply for his release on remission in accordance with remission rules application to the concerned State. On such application/prayer being made by the petitioner in that behalf, we direct the concerned authority to examine the case of the petitioner on its own merits in accordance with law and pass appropriate orders. A copy of this order be sent to the accused concerned to enable him to approach the authority as permitted. With the aforesaid observation, the special leave petition is dismissed. Pending applications shall also stand disposed of. (ANITA MALHOTRA) (CHANDER BALA) COURT MASTER COURT MASTER 2

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