Length of Sentence of Gravity of Original Crime Cannot be Sole Basis For Refusing Premature Release: SC - Synopsis
Team SoOLEGAL 1 Oct 2020

Supreme Court was of the view that determining of tendency to commit a crime once after getting released from jail must not based upon the age of the prisoner or apprehension of the victims and the witness rather it should be based upon antecedents and conduct of the prisoner.

Two prisoners namely Vikky and Satish have been serving life imprisonment for an offence of kidnapping. They both appeal for pre-mature release but there application got rejected. The reasons for rejections are that the crimes which they both had committed is very heinous and also there age are 53 and 43 respectively as a result a chance is there that they should repeat the crime and also government authorities are totally against their release because there release could have an adverse effect on the society.

By referring the rejection of the application, Justice NV Ramana, Justice Surya Kant and Justice Hrishikesh Roy were of the view that only length of the sentence and gravity of the original crime must not be the only reason for rejection of the pre-mature release petition, it rather must be based upon antecedents and conduct of the prisoner in the prison.

According to the State's own affidavit, the behaviour of the two petitioners were more than satisfactory. They hold no material criminal record and have spent nearly 16 years in prison. While they are between 54 and 43 years of age, they also have a considerable amount of life left, but this does not mean that they hold the ability to commit crimes.

The Court has referred two judgements, Shor Vs State of Uttar Pradesh and Munna Vs State of Uttar Pradesh. In these two cases the Court was of the view that by noticing the behaviour of the petitioners, it is highly unlikely that they will commit any act that would shatter or damage the respect of their families if they get a pre-mature release.          

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