sentence and read as under:-
" Section 32A . No suspension, remission or commutation in any sentence awarded under this Act - Notwithstanding anything contained ... suspension, remission or communtation of the sentence after conviction. This power of the State with respect to suspension, remission or commutation has been taken-away
State Government remission. Paragraph 571 provides what would
constitute non-eligibility to get ordinary remission. Paragraph 572 lays
down that ordinary remission is not earnable ... Paragraph 576 deals with remission for good
conduct. Paragraph 581 provides for special remission. It lays down that
special remission may be given
Chapter XXXII of Code of Criminal Procedure deals with execution, suspension, remission and commutation of sentences and sub-chapter (E) comprising Sections ... specifically deals with suspension, remission and commutation of sentences. Section 432 reiterates the power of the appropriate Government to suspend or to remit sentences
last
sentence in the direction means that in case, any remission or
commutation is granted in respect of the earlier sentence of life
imprisonment alone ... then the benefit of that remission or commutation
will not ipso facto be available in respect of the subsequent sentence
of life imprisonment which would
pass the remainder of his life in prison, but remissions and commutations are granted in exercise of power under Sections ... Entry 2 of List III as a cognate provision integral to remission and commutation, as it sets limits to the power conferred by the preceding
concept
of remission. It opined that:-
“As far as remissions are concerned, it consists of
two types. One type of remission is what is
earned ... remission. In fact,
going by the caption of the said Section 433-A, it
imposes a restriction on powers of remission or
commutation in certain
imprisonment no doubt means the
entire life, subject only to the remission and commutation
provided under Cr. PC and also to Articles ... would run concurrently. The accused would
be entitled to avail of remission/commutation, in due
course, but subject to the decision being taken
sentence of life imprisonment. We therefore, direct that in case any remission or commutation in respect of his earlier sentence is granted ... required to say anything regarding the practical effect of remission or commutation of the sentences since that question does not arise in the present case
power of the President for the grant of pardon, reprieve, remission,
commutation etc. in all cases where the punishment or sentence is
for an offence ... present context with which we are concerned, namely, the power of
remission, commutation etc., it is well known that the powers relating
to those actions
extend
to the full life of appellant, but subject to any remission or
commutation at the instance of Government for good and
sufficient reasons ... only to provisions of
DSR.8/09
& connected cases 36
commutation, remission, etc. as contained in
the Code of Criminal Procedure and the Prisons
