The High Court remitted a secondary sentence review petition to the State Sentence Board for a fresh decision, directing the authority to apply the policy operative at the time of the crime and adhere to Supreme Court guidelines.
Petition remitted to respondent authority for fresh decision within twelve weeks applying correct policy and guidelines.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JHARKHAND, RANCHI
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W.P.(Cr.) No. 28 of 2023
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Baga Munda .... Petitioner
-- Versus -- The State of Jharkhand and Others .... Respondents
CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
For the Petitioner :- Mrs. Rinku Bhakat, Advocate For the State :- Mr. P.C. Sinha, Advocate ----
5 /08.11.2023 This petition has been filed for partly setting aside the order passed by the State Sentence Board dated 20.10.2022 vide Memo No.11/Prison 05/2021-4265 whereby the prayer for release of the petitioner has been rejected..
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( Sanjay Kumar Dwivedi, J.)
SI/,
2 issues framed by the court
Whether the Sentence Review Board considered the correct policy in operation at the time of the crime.
Whether the remission application was decided in light of the Supreme Court guidelines in Laxman Naskar v. State of West Bengal.
Baga Munda
The State of Jharkhand
Sanjay Kumar Dwivedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
