Karnataka [32], it was till the end of life without remission or
commutation. Ranjit Singh alias Roda vs. Union Territory of
Chandigarh ... imprisonment. However, it was made clear that:
“2. … in case any remission or commutation in respect of his earlier
sentence is granted
commute the
sentence. The restrictions
imposed upon the power of
remission or commutation of
sentence is contained in
Section 433A ... terms of
Section 433A Cr.P.C., the
power of remission or
commutation is restricted and
a convict with sentence of
imprisonment of life
shall undergo life sentence till the end
of his life without remission or commutation;
(b) the convict shall not be released by granting
remission ... years or 25 years or like.
ii) Where no application for remission or
commutation was preferred, or considered suo
motu by the concerned State
Governments
fine."
20. The restriction imposed upon the power of remission or
commutation of sentence is contained under Section ... which provides that:
"433A- Restriction on powers of remission or Commutation in
certain cases- Notwithstanding anything contained in section
432 , where a sentence
shall undergo life sentence till the end of
his life without remission or commutation;
8
(ii) the convict, shall not be released by granting
remission ... years or 25 years or like.
b) where no application for remission or commutation was
preferred, or considered suo motu by the concerned State
Governments
said power can be exercised only when the
question is of commuting the death sentence. By pointing out
findings of the Trial Court ... life of the convict. In such a
case, right to claim remission, commutation etc. in accordance
with law will always be available. Thereafter, in paragraph
Akhtar vs State Of U.P. on 28 August, 2014
Author: Amar Saran
Bench: Amar
option of statutory remission until the convict who has
been convicted for an offence punishable by life imprisonment (or commuted
death sentence) has served ... under Articles 72 and
162 , in regard to matters such as remission, commutation, etc, therefore, cannot
be caged or boxed in the form of guidelines
appellant will extend to his full life subject to any remission or commutation at the instance of the Government for good and sufficient reasons ... death with a sentence of imprisonment for life subject to remissions and commutation at the instance of the Government for good and sufficient reasons. Paragraphs
view that the petitioner's case for
remission/commutation, etc., in accordance with the Tamil Nadu Prison Manual
be considered by the State Authority ... provisions of the Code of Criminal
Procedure , dealing with suspension, remission and commutation of sentences.
Under Section 232 of the Code of Criminal Procedure
