this is not a case wherein the Court can show any further leniency. Even, otherwise, even the Trial Court as well as the appellate Court ... said to have shown mercy and leniency to the petitioners.
19.8. In the case of Mohd. Khalid v. State of W.B. reported
State
is being paralyzed. “State” is bound to act vigilantly and no leniency
can be shown in respect of the encroachers and the authorities
competent ... removal of Encroachment Act, 2007 whichever is
applicable. There cannot be any leniency or misplaced sympathy in
respect of the encroachers. Any lapses in this
fact of removal of the petitioner from service already. The leniency was shown due to the said fact and the petitioner having availed the benefit ... fact that the learned counsel for the petitioner only prayed for leniency in punishment. The said portion of the submission and order passed in Criminal
sticks.
23. The High court also dismissed the appellant’s plea
for leniency based on parity with the co-accused. It
emphasized that the role ... evidence and the legal principles
involved, the appellant’s plea for leniency on the
grounds of spontaneity and lack of premeditation
cannot be sustained
respondent–accused,
while confirming the conviction, the High Court showed
leniency by reducing the sentence for the offence under
clauses ... Rajasthan is that the High Court has
shown undue and undeserving leniency to the respondent.
The submission of the learned counsel is that the High
submitted that the present case is not
the one, wherein any leniency ought to have been shown
to the accused persons. The evidence on record ... submitted that
the learned Trial Court Judge has erred in showing undue
leniency to the accused persons while determining the
quantum of sentence. Such leniency
criminal antecedents or history. He
had no vices and, therefore, he deserves leniency. Dr. Choudhry
would also argue that in view of the report ... question of considering it
as a mitigating circumstance and showing any leniency to the
convict. Rather, it is the most aggravating circumstance. We,
therefore
State By vs Jacob on 26 June, 2014
Author: P.N.Prakash
Bench: P.N
2015 19:44:43 :::
WP/6570/2015
5
years of service left, leniency be shown and the punishment be suitably
modified by allowing this petition ... officer. It was in this backdrop, that the Apex Court had
shown leniency as it was an act of frustration and provocation in the light
Part I or Part II IPC , and the Court
should adopt leniency since the appellant has undergone nearly 12 years of
custody.
9. Per contra ... clearly establishes
intention to cause death, thereby attracting Section 302 IPC. No leniency is
warranted considering the heinousness and brutality of the act.
10. Heard
