Step 1
Enter your contact details.
2012 AIR SCW 547
::2012 CRI. L. J. 1440
Supreme Court Of India
Hon'ble Judge(s):
A. K. Ganguly,
Gyan Sudha Misra
, JJ
(A) Criminal P.C. (2 of 1974) , S.432— Penal Code (45 of 1860) , S.366, S.109, S.119— Remission of sentence - Refusal - Validity - Convict sentenced to three years R. I. for offence u/S. 366 read with S. 109, IPC and one year R. I. for offence u/S. 119, IPC - Convict suffered substantial portion of period in jail, i.e., more than 17 months - Refusal to consider case for remission by High Court as he was on bail on date of notification for remission - Not proper. Constitution of India , Art.161— Prisoner may be on bail on particular day - this is just fortuitous circumstance. What Court has to consider is actual period of sentence undergone by prisoner and whether by reason of period actually undergone, prisoner qualifies for remission. Notification issued by Government of Tamil Nadu in exercise @page-CriLJ1441 of powers conferred by Art. 161 of Constitution of India did not speak that in order to get benefit of remission, prisoner must actually be in jail on date when G. O. was issued. Where convict who was sentenced to undergo three years R. I. for offence u/S. 366 read with S. 109, IPC and one year R. I. for offence u/S. 119, IPC had suffered substantial portion of period in jail which was more than 17 months, refusal to consider his case for remission by High Court on ground that on date of notification for rem....
Buy and Download By Entering Following Details (Worth /-)
Step 2
Enter your payment details
J
