read with the Remission Rules. That is why
Parliament, tracing the single source of remission of
sentence to Section 43 ', blocked ... executing that sentence in the shape
of remitting. commuting or otherwise abbreviating, the
Executive cannot alter the sentence itself. Remission cannot
detract from the quantum
carried out in actuality? The sentence of imprisonment for life, literally,
shall not by application of different kinds of remission, turn ... submitted that by virtue of the provisions relating to remission, the
sentence of life imprisonment, without any qualification or further
direction would, in all likelihood
read with the Remission Rules. That is why Parliament, tracing the single source of remission of sentence to Section 432, blocked ... conceptual lines of 'remission', 'sentence' and life-sentence.' 'Remission' limited in time, helps computation but does not ipso
unless (i) he has served at least six months of his sentence including remissions; (ii) his conduct has been, in the opinion of the Superintendent ... been sentenced to undergo rigorous imprisonment for ten years or more; (b) he has served at least 5 years of his sentence excluding remission
consent of the person sentenced to commute a
sentence of death into imprisonment for life and also
other sentences into sentences less rigorous in nature ... earlier, graver the crime, longer
the sentence and, longer the sentence, grater the need
for set-offs and remissions. Punishments are no
longer retributory. They
conversion
or alteration of a sentence into another form of sentence, such
as, a sentence of death into a sentence of imprisonment for life ... sentence remains unaffected. By reducing the sentence,
the Government concerned does not thereby modify the judicial
sentence. The fact that a sentence was remitted
earlier
sentence granted to a convict is not in respect of the second sentence.
It held:-
"9....any remission or commutation is granted ... even though released after granting remission is still
bound by the conditions granting remission. Therefore, the grant of
remission does not make life imprisonment
directed that he shall undergo the sentence
as extracted hereunder:-
“881 xxx
(I)
For Sentences awarded to Sentence awarded
commission each of Vikas Yadav ... well as on sentence. While
considering the alternative submission regarding the sentence of
imprisonment for thirty years without remission being excessive
and disproportionate, this Court
sentence inasmuch as commutation is conversion or alteration of
sentence into another form of sentence, such as, a sentence of death
into a sentence ... sentence remains unaffected. By reducing the
sentence, the Government concerned does not thereby modify the
judicial sentence. The fact that a sentence was remitted
substitute a lesser sentence
for a sentence of transportation for life.
8. ... The question of remission is exclusively
within the province of the appropriate
Government ... such
particular term, including remissions and that is
only for the purpose of working out the
remissions that the said sentence is equated
with definite
