crime no. 1133 of 2019 under Sections 420 , 467 , 468 , 471 , 409 , 120B I.P.C. and Sections 13 and 7 of Prevention of Corruption ... against the petitioners under Sections 147 , 148 , 149 , 384 , 342 , 432 , 448 , 453 , 120-B IPC and thereafter, during investigation, the police have
applicant Arsalan involved in Case Crime No.432 of 2019 under Sections 399 , 402 IPC, Police Station Bhognipur, District Kanpur Dehat be released
offence
under Section 147 of IPC, R.I. for 03 years for the offence under
Section 148 of IPC ... case of the petitioner for grant of remission under
Section 432 of the CRPC was prepared and was sent for the opinion
offence under Section 148 of
IPC and life imprisonment for the offence of Section 302 read with
Section 149 of IPC ... case of the petitioner for grant of remission under
Section 432 of the CRPC was prepared and was sent for the opinion
of the learned
under section 302 / 149 of the IPC, therefore, the
petitioner is eligible to be considered for pre-mature
release under Section ... BNSS 2023 (432 of the
Cr.P.C .).
5. In view of the above facts and circumstances, the
present petition stands disposed off. The petitioner
application of mind, arbitrary exercise of
power under Section 432 Cr.P.C./ Section 473 BNSS, and therefore
warrants interference by this ... case for premature release. The power under Section 473 of the
Bharatiya Nagarik Suraksha Sanhita (earlier Section 432 Cr.P.C.) is
discretionary in nature
direct the authorities to consider the application of
the Petitioner, under Section 432 of Cr.P.C. for grant
of remission of the remaining jail ... arbitrary and unsustainable in law. The power under Section 432 of the
Cr.P.C. (now Section 473 of the Bharatiya Nagarik Suraksha Sanhita
above sub-sections shall also apply to any order passed by a Criminal Court under any section of this Code or of any other ... sentence of death, for any other punishment provided by the Indian Penal Code (45 of 1860);
(b) a sentence of imprisonment for life, for imprisonment
under Sections 147 , 148 , 302 read with Section 149 (on three
counts) of IPC and 307 read with Section 149 of IPC ... case of the petitioner for grant of remission under
Section 432 of the CRPC was prepared and was sent for the opinion
of the learned
Sessions Judge, Pendra
Road, for the offence under Sections 449 , 376(2)(g) , 302 / 34 of IPC
and sentenced ... case of the petitioners for grant of remission under
Section 432 of the CRPC was prepared and was sent for the opinion
of the learned
