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Documents citing Bachan Singh Etc. Etc vs State Of Punjab Etc. Etc on 16 August, 1982

Md. Tahir vs The State Of Bihar on 7 January, 2026

"41. Thereafter, the High Court dealt with the precedents laid down by this Court in Bachan Singh v. State of Punjab11, Machhi Singh v. State of Punjab12 to examine whether the litmus test, namely, that the alternative option being unquestionably foreclosed was fulfilled or not. Thereafter, the High Court noticed the judgment of this Court in Swamy Shraddananda10 and the holding thereon that to avoid a sentence of death, it is possible for the courts to devise a graver form of sentence of imprisonment for life beyond fourteen
Patna High Court Cites 47 - Cited by 0 - R R Prasad - Full Document

Hadizan Khatoon @ Hadisan Khatoon vs The State Of Bihar on 7 January, 2026

"41. Thereafter, the High Court dealt with the precedents laid down by this Court in Bachan Singh v. State of Punjab11, Machhi Singh v. State of Punjab12 to examine whether the litmus test, namely, that the alternative option being unquestionably foreclosed was fulfilled or not. Thereafter, the High Court noticed the judgment of this Court in Swamy Shraddananda10 and the holding thereon that to avoid a sentence of death, it is possible for the courts to devise a graver form of sentence of imprisonment for life beyond fourteen
Patna High Court Cites 47 - Cited by 0 - R R Prasad - Full Document

The State Of Bihar vs Md. Tahir on 7 January, 2026

"41. Thereafter, the High Court dealt with the precedents laid down by this Court in Bachan Singh v. State of Punjab11, Machhi Singh v. State of Punjab12 to examine whether the litmus test, namely, that the alternative option being unquestionably foreclosed was fulfilled or not. Thereafter, the High Court noticed the judgment of this Court in Swamy Shraddananda10 and the holding thereon that to avoid a sentence of death, it is possible for the courts to devise a graver form of sentence of imprisonment for life beyond fourteen
Patna High Court Cites 47 - Cited by 0 - R R Prasad - Full Document

State Of Jharkhand vs Santosh Kumar Chourasia on 18 June, 2015

"Though law enunciated by this Court in a recent judgment has already noticed that elaborates the principle that were stated in Bachan Singh (supra) and thereafter in Machhi Singh (supra) case. Aforesaid judgment primarily discussed this principle into two different components and one being aggravating circumstances while the other being the mitigating situation.
Jharkhand High Court Cites 17 - Cited by 0 - R R Prasad - Full Document

Arvind Kumar @ Raj Singhania vs The State Of Bihar on 19 October, 2022

45. Learned counsel submits that on a bare perusal of the impugned judgment, it would appear that learned trial court has followed the line of judgments of the Hon'ble Apex Court in which it has been held that it will be a mockery of justice to permit the accused to escape the extreme penalty of law. It is submitted that in the case of death sentence one of the mitigating circumstances is the probability of reformation and rehabilitation of the accused . It is the duty of the State to procure evidence to establish that there is no probability of reformation and rehabilitation of the accused. In catena of judgments, the Hon'ble Supreme Court held that death sentence ought not to be imposed if it is not the rarest of the rare case when the alternative option of lesser punishment is unquestionably foreclosed. To satisfy that the Patna High Court D. REF. No.3 of 2021 dt.19-10-2022 30/48 sentencing aim of reformation is unachievable, requiring alternative imprisonment is complete futile. The Court will have to provide clear evidence as to why the convict is not fit for any kind of reformatory and rehabilitation scheme. Reliance has been placed on the judgment of the Hon'ble Supreme Court in the case of Bachan Singh versus State of Punjab reported in (1980) 2 SCC 684 and Md. Mannan versus State of Bihar reported in (2019) 16 SCC 584. It is submitted that the accused Arvind Kumar is highly educated and comes from a good family background and there is no material either to suggest that he cannot be reformed. He is only 33 years of age as on today, therefore, it would be prudent to follow the reformatory approach while sentencing him under Section '6' of the POCSO Act.
Patna High Court Cites 51 - Cited by 0 - R R Prasad - Full Document

Sujit Kumar vs The State Of Bihar on 21 November, 2024

"14. One of the mitigating circumstances is the probability of the accused being reformed and rehabilitated. The State is under a duty to procure evidence to establish that there is no possibility of reformation and rehabilitation of the accused. Death sentence ought not to be imposed, save in the rarest of the rare cases when the alternative option of a lesser punishment is unquestionably foreclosed (see : Bachan Singh v. State of Punjab11). To satisfy that the sentencing aim of reformation is unachievable, rendering life imprisonment completely futile, the Court will have to highlight clear evidence as to why the convict is not fit for any kind of reformatory and rehabilitation scheme.
Patna High Court Cites 25 - Cited by 0 - R R Prasad - Full Document

Arjun Yadav @ Arjun Rai vs The State Of Bihar on 7 May, 2025

"14. One of the mitigating circumstances is the probability of the accused being reformed and rehabilitated. The State is under a duty to procure evidence to establish that there is no possibility of reformation and rehabilitation of the accused. Death sentence ought not to be imposed, save in the rarest of the rare cases when the alternative option of a lesser punishment is unquestionably foreclosed (see : Bachan Singh v. State of Punjab11). To satisfy that the sentencing aim of reformation is unachievable, rendering life imprisonment completely futile, the Court will have to highlight clear evidence as to why the convict is not fit for any kind of reformatory and rehabilitation scheme.
Patna High Court - Orders Cites 11 - Cited by 0 - R R Prasad - Full Document

Baijnath Singh vs The State Of Bihar on 7 May, 2025

"14. One of the mitigating circumstances is the probability of the accused being reformed and rehabilitated. The State is under a duty to procure evidence to establish that there is no possibility of reformation and rehabilitation of the accused. Death sentence ought not to be imposed, save in the rarest of the rare cases when the alternative option of a lesser punishment is unquestionably foreclosed (see : Bachan Singh v. State of Punjab11). To satisfy that the sentencing aim of reformation is unachievable, rendering life imprisonment completely futile, the Court will have to highlight clear evidence as to why the convict is not fit for any kind of reformatory and rehabilitation scheme.
Patna High Court - Orders Cites 11 - Cited by 0 - R R Prasad - Full Document
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