...the discretion under Sections 401 and 402 of the Code of Criminal Procedure to remit the remaining part of the sentence and order release of the prisoner. Secondly, it was submitted that as the...exercise its discretion under Section 401 of the Code of Criminal Procedure. No one appeared for the respondent, but at the time of granting special leave, this Court had ordered that the release of the...formal remission by appropriate Government, can be automatically treated as one for a definite period. No such provision is found in the Indian Penal Code, Code of Criminal Procedure or the Prisons Act...

.... State of Assam, 2004 (3) Crimes 433, was whether an Application for grant of bail under Section 438 of the Code of Criminal Procedure,.... Sub-section (2) of 37 would make it clear, the limitation on granting bail under sub-section (1) are in addition to the limitations already provided under the Code of Criminal ...law for the timing in force would put any explicit fetter on the Court to consider the prayer for Anticipatory Bail under Section 438, that the Code of Criminal Procedure empowered...

...appropriate Government shall formalise the matter by passing an appropriate order under clause (d) of Section 433 of the Code of Criminal Procedure, 1973 (in short “the Code”) if the amount is deposited...passed in N. Sukumaran Nair (1997) 9 SCC 101 where this Court in exercise of its extraordinary jurisdiction imposed only a sentence of fine and directed the State to exercise its powers under Section 433...of the Code of Criminal Procedure to commute the sentence of simple imprisonment for fine. In the instant case the appellant has been sentenced to undergo 6 months' rigorous imprisonment. Moreover...

...of section 433 of the Code of Criminal Procedure, 1973 (in short, the ‘Code’). Petitioner was convicted for an offence punishable under section 302 of Indian Penal Code...of the Constitution is absolute and cannot be fettered by any statutory provision such as sections 432, 433 and 433-A or by any Prison Rules. But the President or the Governor, as the case may...sentence does not mean acquittal and an aggrieved party has every right to vindicate himself or herself. Section 433 corresponds to sub-sections (1) and (2) of section 402 of the 1898...

...Code, 1860 and Section 433-A of the Code of Criminal Procedure, 1973.19. The learned counsel would contend that the executive Government of the State in exercise of its...for the benefit of the convicts themselves, as in terms of Section 433-A of the Code of Criminal Procedure, a convict does not have any constitutional or statutory right of remission of sentence...hereinbefore, had been issuing executive instructions.25. Section 432 of the Code of Criminal Procedure provides for power to suspend or remit sentences. Section 433 provides fo...

...A.M Ahmadi, J.— Liberty is the life line of every human being. Life without liberty is ‘lasting’ but not ‘living’. Liberty is, therefore, considered one of the most precious and cherished possessions of a human being. Any attempt to take liberties with the liberty of a human being is visited with resistance. Since no human being can tolerate fetters on his personal liberty it is not surprising that the petitioner Ashok Kumar alias Golu continues to struggle for his liberty, premature release, not fully content with the enunciation of the law in this behalf by this Court in Maru Ram v. Union of India (1981) 1 SCC 107, (1981) 1 SCR 1196.2. The questions of law which are raised in this petition brought under Article 32 of the Constitution arise upon facts of which we give an abridged statement. On the basis of a FIR lodged on October 21, 1977, the petitioner was arrested on the next day and he along with others was charge-sheeted for the murder of one Prem Nagpal. The petitioner was tried and convicted for murder on December 20, 1978 in Sessions Case No. 32 of 1978 by the learned Sessions Judge, Ganganagar, and was ordered to suffer imprisonment for life. His appeal, Criminal Appeal No. 40 of 1979, was dismissed by the High Court of Rajast...

...imposed upon them, subject to the provisions contained in section 433a and, ‘provided that orders have been passed by the appropriate authority under section 433 of the Code of Criminal ...sentence is still running at the date when the new Code of Criminal Procedure came into force. Section 428 on a plain natural construction of its language, posits for its applicability a factual...necessary implication, that the conviction and sentence must be after the coming into force of the new Code of Criminal Procedure. Hence, even where an accused person has been convicted prior to the...

..., adverting to the claim made for the benefit of Section 433(d) of the Criminal Procedure Code, the appellate Judge found it not possible for him to grant relief on the view that the power to commute under the...Court to the Government under Section 433 CrPC, benefit of Section 433(d) CrPC was claimed for the respondent. Taking into account the same and the concession said to have been made by the counsel for...the State, the learned Judge in the High Court felt persuaded to extend the benefit of commutation of sentence, as envisaged under Section 433(d) CrPC and directed the respondent to deposit in the trial...

...“appropriate Government” would formalise the matter by passing an appropriate order under Section 433(c) of the Code of Criminal Procedure. This Court, on appeal by the State, held that the question of...the Code of Criminal Procedure, 1973 imposing a restriction on the power of remission or commutation in certain cases. After the introduction of Section 433-A another Constitution Bench of this Court...Code of Criminal Procedure (Criminal Reference No. 6 of 2005) were heard together by the Karnataka High Court. The High Court confirmed the conviction and the death sentence awarded to the appellant and...

...sentenced to imprisonment for life should not present any serious difficulty in practice. In the first place, by reason of Section 433-A of the Code of Criminal Procedure, where a sentence of imprisonment...prisoners, shall be set off against the sentence of life imprisonment imposed upon them, subject to the provision contained in Section 433-A and, provided that orders have been passed by the appropriate authority under Section 432 or Section...that they are entitled to the benefit of Section 428 of the Code of Criminal Procedure, that is to say, that the period of detention undergone by them prior to their conviction as undertrial prisoners...

.... Union of India (1981) 1 SCC 107, (1981) 1 SCR 1196 while considering the effect of Section 433-A introduced in the Code of Criminal ...J.S Verma, J.— The short question arising for decision by us is the true meaning of sub-section (2) of Section 427 of the Code of Criminal Procedure, 1973 and its effect....3. Section 427 of the Code of Criminal Procedure, 1973 is as under:“427. Sentence on offender already sentenced for another offence.— (1) When a...

...Order1. By an order dated January 3, 1985, the State Government of Maharashtra, in exercise of the powers conferred by sub-section (1) of Section 432 of the Code of Criminal Procedure, 1...petitioner the benefit of premature release does not disclose any reasons. Presumably, the government was misled that the case of the petitioner is governed by Section 433-A of the Code. According to the...SCR 1196, the provision contained in Section 433-A of the Code is not applicable in those cases where the conviction was recorded prior to December 18, 1978 i.e the date on which Section 433-A...

...for a term not exceeding 14 years either under Section 55 Indian Penal Code or under Section 433(b) Code of Criminal Procedure, 1973 by the appropriate government. However, the petitioner's case is...have commuted his sentence to 14 years either under Section 55 Indian Penal Code or Section 433(b) Code of Criminal Procedure, 1973 notwithstanding that no formal order in that behalf was made by the...illegal and as such the government, in order to legalise detention, has necessarily to commute life sentence under Section 55 Indian Penal Code or Section 433(b) Code of Criminal Procedure, 1973 to one...

...ordered to pay a fine of Rs 1000. Under clause (d) of Section 433 of the Code of Criminal Procedure, ‘the appropriate Government’ is empowered to commute the sentence of simple imprisonment for fine...such fine, the State Government may formalise the matter by passing appropriate orders under clause (d) of Section 433 of the Code of Criminal Procedure.”9. In...passing appropriate order under clause (d) of Section 433 of the Code of Criminal Procedure. In the meanwhile the appellant will remain on bail.”10. It is to be...

...judgment and order dated 28-5-1987. After he had undergone a little more than 8 years of sentence he filed a petition under Section 482 of the Code of Criminal Procedure in the High Court of Punjab and...Court was not at all appropriate or permissible in law. The mandate of Section 433 CrPC enables the Government in an appropriate case to commute the sentence of a convict and to prematurely order his...release before expiry of the sentence as imposed by the courts. Clause (b) of Section 433 CrPC provides that the sentence of imprisonment for life may be commuted for imprisonment for a term not exceeding...

...terms of Section 432 of the Code of Criminal Procedure or under Articles 72 or 161 of the Constitution of India.5. We make it clear that the power of the President of India...under Article 72 or of the Governor under Article 161, being a constitutional power cannot be under the restriction imposed by Section 433-A CrPC. Section 433-A CrPC can restrict the power under...Section 432 CrPC or Section 433 CrPC but it cannot restrict the constitutional powers under Article 72 or Article 161 of the Constitution, just as no limitation statute can restrict the constitutional...