Top StoriesLength Of Sentence Or Gravity Of Original Crime Cannot Be Sole Basis For Refusing Premature Release: SC [Read Judgment] Ashok Kini30 Sep 2020 7:08 AMShare This – xLength of the sentence or the gravity of the original crime can’t be the sole basis for refusing premature release, the Supreme Court observed while directing release of two convicts on probation.The Three Judge Bench headed by Justice NV Ramana observed that any assessment regarding predilection to commit crime upon release must be based on antecedents as well as conduct of the…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginLength of the sentence or the gravity of the original crime can’t be the sole basis for refusing premature release, the Supreme Court observed while directing release of two convicts on probation.The Three Judge Bench headed by Justice NV Ramana observed that any assessment regarding predilection to commit crime upon release must be based on antecedents as well as conduct of the prisoner while in jail, and not merely on his age or apprehensions of the victims and witnesses.Vikky and Satish have been serving life imprisonment for the offence of kidnapping for ransom. Satish’s plea for premature release was rejected on the following grounds- first, the crime is heinous, second, petitioner is hardly 53-54 years old and can repeat the crime, third, informant has serious apprehensions against his release, and fourth, governmental authorities have adversely commented upon his release considering its direct adverse effect on the society. Similarly, for Vikky, on grounds of his age of 43 years, healthy physical condition, apprehensions of informant and nature of crime.Taking note of these grounds of rejecting the plea for premature release, the bench comprising Justices NV Ramana, Surya Kant and Hrishikesh Roy observed that the three factor evaluation of (i) antecedents (ii) conduct during incarceration and (iii) likelihood to abstain from crime, under Section 2 of the UP Prisoners Release on Probation Act, 1938, have been given a complete goby. It said:”It would be gainsaid that length of the sentence or the gravity of the original crime can’t be the sole basis for refusing premature release. Any assessment regarding predilection to commit crime upon release must be based on antecedents as well as conduct of the prisoner while in jail, and not merely on his age or apprehensions of the victims and witnesses.As per the State’s own affidavit, the conduct of both petitioners has been more than satisfactory. They have no material criminal antecedents, and have served almost 16 years in jail (22 years including remission). Although being about 54 and 43 years old, they still have substantial years of life remaining, but that doesn’t prove that they retain a propensity for committing offences. The respondent State’s repeated and circuitous reliance on age does nothing but defeat the purpose of remission and probation, despite the petitioners having met all statutory requirements for premature release.”The bench also referred to recent judgments in Shor v. State of Uttar Pradesh and Munna v. State of Uttar Pradesh. Taking note of their conduct in jail, the bench observed that it is extremely unlikely that they would commit any act which could shatter or shame their familial dreams. It said: In the present case, considering how the petitioners have served nearly two decades of incarceration and have thus suffered the consequences of their actions; a balance between individual and societal welfare can be struck by granting the petitioners conditional Page | 12 premature release, subject to their continuing good conduct. This would both ensure that liberty of the petitioners is not curtailed, nor that there is any increased threat to society. Suffice to say that this order is not irreversible and can always be recalled in the event of any future misconduct or breach by the petitioners. Civilized society cannot be achieved only through punitive attitudes and vindictivenessWhile directing their release, the bench emphasized the reformative theory. It said:Whilst it is undoubtedly true that society has a right to lead a peaceful and fearless life, without free roaming criminals creating havoc in the lives of ordinary peace loving citizens. But equally strong is the foundation of reformative theory which propounds that a civilised society cannot be achieved only through punitive attitudes and vindictiveness; and that instead public harmony, brotherhood and mutual acceptability ought to be fostered. Thus, first time offenders ought to be liberally accorded a chance to repent their past and look forward to a bright future. The Constitution of India through Articles 72 and 161, embodies these reformative principles by allowing the President of India and the Governor of a State to suspend, remit or commute sentences of convicts. Further, Section 432 of the Code of Criminal Procedure, 1973 (“CrPC”) streamlines such powers by laying down procedure and pre conditions for release. The only embargo under Section 433A of CrPC is against the release of persons sentenced to life imprisonment till they have served at least fourteen years of their actual sentence.” Case name: Satish @ Sabbe vs. The State of Uttar PradeshCase no.: SPECIAL LEAVE PETITION (CRL.) NO. 7369 of 2019 Coram: Justices NV Ramana, Surya Kant and Hrishikesh RoyClick here to Read/Download JudgmentRead JudgmentNext Story
SAN DIEGO (AP) — Several gorillas at San Diego Zoo Safari Park appear to be recovering weeks after testing positive for the coronavirus, including a silverback who received antibody treatment. The park’s executive director Lisa Peterson told the San Diego Union-Tribune on Monday the eight western lowland gorillas are eating, drinking and active after being exposed by a zookeeper who tested positive for COVID-19 earlier this month. Peterson said fecal samples from the gorillas are no longer testing positive for the virus. She said some of the other animals at the San Diego Zoo will get the COVID-19 vaccine from a supply made specifically for animals.
DAVENPORT, Iowa – The longest running Late Model Series in the Midwest is back in action and a top prize of $5,000 is on the line when Davenport Speedway hosts opening night for the Deery Brothers Summer Series this Friday, April 13.The Rebel 5K is the first of 13 dates for the 32nd annual IMCA Late Model tour and pays a minimum of $300 to start. Along with the big check, the winner goes home with the top spot in national, state and special series standings.Pit gates at the Mississippi Valley Fairgrounds open at 4 p.m. and the grandstand opens at 5 p.m. Hot laps are at 5:45 p.m. with racing to follow.Spectator admission is $20 for adults, $18 for seniors and students, and free for kids ages 12 and under. Pit passes are $35Just one of the previous 23 series races held at Davenport was an opening night event. Jeff Aikey of Cedar Falls has collected six of his series career-best 68 Deery wins at Davenport; the most recent winner there was Justin Kay of Wheatland, in September of 2014.IMCA Modifieds and Karl Chevrolet Northern SportMods also run Friday on the quarter-mile oval at Davenport, for IMCA Speedway Motors Weekly Racing National and Iowa State points. Modifieds earn Side Biter Chassis North Central Region points as well.A new passing point system will be in place to determine the starting lineup for the Deery Series main event; the Modified and SportMod portion of the program will be draw/redraw.Pits open at 4:30 p.m. and a test and tune session is open to all divisions from 5:30-8:30 p.m. on Tuesday, April 10. Pit passes are $25 while admission to the grandstand is free.More information is available by calling 563 340-4079 or 563 326-5338 on race day. The track website is www.davenportspeedway.com.Night number two for the Deery Series is Saturday, April 21 at Cedar County Raceway in Tipton.