In Brief
Ram Chander, convicted of murder and other offences for killing two men, sought premature release after 16 years of imprisonment. The trial judge opined against remission without providing detailed reasons. The Supreme Court held that while remission is an executive prerogative, it must follow the mandatory procedure under Section 432(2) CrPC requiring the presiding judge's reasoned opinion addressing statutory factors like the crime's social impact, likelihood of reoffence, and the convict's family circumstances. A conclusory opinion without adequate reasoning does not satisfy the statute. The Court allowed the petition and directed the judge to provide a fresh, reasoned opinion and the State to reconsider the application afresh within prescribed timeframes.
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