Criminal Procedure Code, 1973, Section 432 -- Remission of sentence - Appropriate Govt. - If the sentence is for an offence against any law relating to a matter to which the executive power of the Union extends, the Central Government is the appropriate Government and in other cases the State Government is the appropriate Government...........
Criminal Procedure Code, 1973, Section 433, 432, Constitution of India, 1950, Article 161 -- Premature release - Governor of a State in exercise of clemency powers under Article 161 of the Constitution cannot grant remission to prisoners convicted by Courts outside the concerned State, but undergoing sentence in jail in the State...........
Criminal Procedure Code, 1973, Section 432 -- Remission - Right to grant - Vests in the appropriate Govt. and not in any Court...........
Criminal Procedure Code, 1973, Section 433A, 432 -- Life convict - Already undergone sentence of 10 years and with remissions has undergone sentence of about 17 years - Petitioner seeking pre-mature release as per instructions of State Govt. dated 15.8.2002 - State directed to consider and decide within one month...........
Criminal Procedure Code, 1973, Section 432, 433, Rajasthan Prisons (Shortening of Sentences) Rules, 1958, Rule 7, 9, 10, 11, 12 -- Premature release - Accused undergoing sentence of more than 14 years imprisonment - It would be wrong to presume that if accused is released, he will revert to crime - Premature release cannot be refused on surmises and conjectures that if..........
Criminal Procedure Code, 1973, Section 432 -- Constitution of India, Article 14 - Remission - Classification - State Government issued a notification dated 14.8.1995 in exercise of its power vested u/s 432 Cr.P.C., granting remission of prison sentence to all convicts except those excluded in the said notification - Exclusion was done based on the nature of offence..........
Criminal Procedure Code, 1973, Section 432 -- Remission - Notification issued by State Government dated 14.8.1995 in exercise of its power vested u/s 432 Cr.P.C., granting remission of prison sentence to all convicts except those excluded in the said notification - Respondent, who was serving a sentence of 7 years RI for having committed an offence of rape, impugned the..........
Criminal Procedure Code, 1973, Section 432,433 -- Remission of sentence - High Court has no power to grant remission straightaway - At the most, it can direct the Government to consider the case for the grant of remission in accordance with law - When such a restriction has been put even on the High Court, a District Court being the appellate court cannot usurp the powers..........
Criminal Procedure Code, 1973, Section 432,433 -- Remission of sentence - Accused convicted for the offence u/s 138 of the Negotiable Instruments Act, 1881 - Sentenced to 6 months simple imprisonment - Pending appeal, he was on bail - Accused would not be entitled to the benefit of remission given under various Government Orders individually or cumulatively counted against..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 432 -- Criminal - Remission of sentence - Any remission of sentence for an offence under the Negotiable Instruments Act can be granted only by the Central Government, as it would relate to the matters concerned with List-I of the Seventh Schedule of the Constitution...........
