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2025 DIGILAW 317 (SC)

Bipinkumar Natvarlal Sharma v. State Of Gujarat

2025-01-20

ABHAY S.OKA, UJJAL BHUYAN

body2025
ORDER : 1. Leave granted. 2. Heard the learned counsel appearing for the parties. 3. The facts of both the Appeals are identical. The issue involved is about grant of permanent remission to the appellants under Section 432 of the Code of Criminal Procedure, 1973. The High Court by the impugned orders directed the appellants to make fresh applications for grant of permanent remission under Section 475 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The High Court directed the State to decide such applications within a period of five months. The High Court granted parole to the appellants for a period of eight weeks. The High Court directed that the parole will come into force after the appellants make fresh applications for grant of remission. The High Court found it fit to protect the appellants by granting parole for a period of eight weeks to enable the State to consider their applications for premature release. But the High Court granted time of five months to the State to decide the applications for permanent remission. 4. Whether in the facts of the case, while issuing a direction to the State to decide the plea of permanent remission, parole to a convict should be granted or not is another question. However, after coming to a conclusion that the appellants should be granted parole, the High Court ought to have granted parole till the date of communication of the order passed on the applications for grant of permanent remission made by the appellants. 5. The learned counsel appearing for the State, on instructions, states that the applications made by the appellants will be decided within a period of two weeks from today. 6. Accordingly, we dispose of the Appeals by modifying the impugned orders. We direct that the order of parole granted to the appellants shall continue to operate till the date of communication of the order passed by the competent authority of the State Government on the applications for grant of permanent remission made by the appellants. 7. The Appeals are partly allowed on the above terms.