prisoner or a convict undergoing life imprisonment has a right to claim
remission and whether as per the principles enunciated in paras ... excess of
fourteen years and to put that category beyond application of remission?
Whether the “Appropriate Government” is permitted to exercise the power of
remission
contravene Article 20(I) of the Constitution-
Whether the various provisions for remission under the
prison the Prison Act and Rules and other legislation ... supererogative [1248 C-D]
2. Section 433A is supreme over the Remission Rules and
short-sentencing, statutes made by the various States
imprisonment for life, literally,
shall not by application of different kinds of remission, turn out to be the
ordinary run of the mill life term ... March, 1994
and submitted that by virtue of the provisions relating to remission, the
sentence of life imprisonment, without any qualification or further
direction would
that a life convict does
not lose any benefit available under the remission
scheme which has to be regarded as the guideline, it
would ... conviction."
Bhup Singh (supra)
"10..... The right to ask for remission of sentence by a
life convict would be under
Section 433A Cr. P.C. and provisions of Remission Rules-
Whether subject to the overriding powers of clemency.
Indian Penal Code , 1860: Sections ... separate class.
Sections 432 , 433 and 433A: Release of prisoners under
Remission Rules-Remittance of sentence-Exercise of power
under sections 432 and 433-Whether
question involved is if the respondent,
a convict, is entitled to remission of his sentence for the
period during which he is on bail ... Indian Penal Code ( IPC ), though confined in jail, is
entitled to remission of his sentence when the Government
circular issued under Section
been reduced to imprisonment for life or for a term
without remission.
45. Mohd. Chaman v. State (NCT of Delhi ... death awarded to him was reduced to imprisonment
for life subject to remissions. It was held that there was nothing to
suggest that he would
Mulla & Another vs State Of U.P on 8 February, 2010
Equivalent citations: AIR
When a life-convict being a class 1 prisoner
has earned such remission as entitles him to
release, the Superintendent shall report accordingly ... Save as provided by rule 20, when a
prisoner has earned such remission as entitles him
to release, the Superintendent shall release
nearly 29 years of
actual imprisonment and 37 years of imprisonment including remission
forthwith or within the reasonable time fixed by this Court ... other six life convicts, including the
present petitioner, and resolved to grant remission and sent the
recommendation to the Governor of Tamil Nadu
