Constitution Bench in Maru Ram v. Union of India, (1981) 1 SCC 107 considered the scope of Article 161 of the Constitution. Also, Union of India v. V. Sriharan, (2016) 7 SCC 1. The power under Article 161 can be exercised by State Governments, not by Governor on his own.
The prisoner, convicted on 25.3.2010, has completed 12 years and 25 days as on 06.07.2021. State Government can consider the prisoner in question, for premature release after undergoing imprisonment for less than 14 years, only under Article 161.
– Hon’ble Justice Hemant Gupta, State of Haryana v. Raj Kumar, [Criminal Appeal No. 721 of 2021].
Also see, Ram Chander v. State of Chhattisgarh, [Writ Petition (Criminal) No. 49 of 2022] decided on 22.04.2022.