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Mafabhai Motibhai Sagar vs. State of Gujarat & Ors.

Not available · 2024 INSC 806Decided 21 Oct 2024
Not available
Justice Abhay S. Oka · Justice Augustine George Masih

Background

The appellant, convicted of murder and sentenced to life imprisonment in 2008, applied for remission of his remaining sentence under Section 432 of the CrPC after his parole application was rejected. The Gujarat Government eventually granted him remission in September 2023 but attached four conditions, including a requirement to "behave decently" for two years (backed by sureties) and a condition that committing any cognizable offence or causing serious injury after release would automatically send him back to prison to serve the remaining sentence. The appellant challenged the first two conditions as unconstitutionally vague and arbitrary, arguing they gave the State unchecked power to revoke his freedom.

Decision Breakdown

The Supreme Court agreed that requiring a released convict to "behave decently" was vague and manifestly arbitrary, since "decency" means different things to different people and such an undefined standard could not be a valid basis for imposing conditions or later cancelling remission, so it struck down that part of condition no. 1. On condition no. 2, the Court held that the mere registration of a cognizable offence against the convict cannot, by itself, automatically revive the original sentence: remission can only be cancelled after following due process, including a specific show-cause notice detailing the alleged breach, a chance for the convict to reply and be heard, and a reasoned order, with the seriousness of any actual breach being weighed before cancellation. The Court accordingly clarified condition no. 2 in these terms and partly allowed the appeal.

Lesson Learnt

Conditions attached to a grant of remission must be clear and specific rather than vague or open-ended, and remission can never be automatically cancelled on a mere allegation or FIR: the convict is entitled to a proper show-cause notice, an opportunity to respond, and a reasoned decision before being sent back to prison.

Official source (sci.gov.in)View Judgment (PDF)

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