Lajara Chhatria  [Appellant] Vs. State of Odisha     [ Respondent]

JCRLA No. 49 of 2008

(2JB, JUSTICE S.K. SAHOO and JUSTICE CHITTARANJAN DASH)

Facts: The present order arises on the basis of the information furnished by the learned trial Court upon receipt of the direction issued by this Court pursuant to the dismissal of the JCRLA preferred by the Appellant against the order of his conviction and sentence awarded by the trial Court. In its direction, this Court called upon the Appellant to surrender and to serve the remainder of the sentence. The learned trial Court informed that pending the Appeal, in exercise of the powers conferred under Article 161 of the Constitution of India, the Governor has been pleased to remit the unexpired portion of the sentence passed on the Appellant and to order his premature release.

Issue: Whether the appellate court can order the re-imprisonment of a prematurely released?

Key points to consider:

1. Upon being notified of the premature release of a convict by the trial Court or executive authorities, the appellate Court shall formally acknowledge the action;
2. The order of premature release should be recorded in the case file
3. The appeal against the conviction and sentence shall continue to be adjudicated on its merits, unaffected by the premature release
4. The Court retains full authority to confirm, alter, or set aside the conviction and sentence based on the appeal’s merits
5. Both the prosecution and the defence should be clearly informed that the premature release pertains only to the execution of the sentence
6. The conviction and original sentence remain legally effective until modified by judicial order
7. The Court should ensure that the convict complies with any conditions imposed by the executive authority as part of the premature release
8. The registry of the Court must ensure that cases involving premature release are prioritized and listed for hearing at the earliest possible date

Held: The court held that, “From the discussions as above, there is no anomaly regarding the power of the appropriate Government for premature release pending an Appeal. In the instant case, this Court has confirmed the conviction and sentence passed by the learned trial Court. Since the function of execution of the sentence rests with the executive and the Hon’ble Governor in exercise of the power conferred under Article 161 of the Constitution has been pleased to extend the benefit of premature release to the Appellant, respecting the said decision of the appropriate Government which is not under challenge, this Court modifies its order dated 15.11.2023 and withdraws its direction calling upon the Appellant before the learned trial Court to serve out the sentence.”