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Bachan Singh Etc. Vs. State of Punjab

Court : Supreme Court of India

..... acquittal was amplyfurnished at the hearing of their own appeal against theirconviction, and the same appeal furnished them the necessaryopportunity for pleading for the reduction of the sentence.that in fact was the subject matter of their appeal. it is not disputed before us that the high court heardthe state appeal against the acquittal ..... it the above mentioned appeals which had been filedby the accused and the state, and the revision petitionunder section 401 cr.p.c. for enhancement of the sentence.while that court dismissed the appeal of the648accused, and allowed the appeal of the state in part, itforgot to make a reference to the revision petition ..... of 1974) filed bythe accused. by its impugned judgment dated january 3, 1978, thehigh court dismissed the appeal which was filed by theaccused, but enhanced the sentence of bachan singh, gurnamsingh and chanan singh accused under section 304 part i readwith section 149 i.p.c. to rigorous imprisonment for lifeand of accused ravail singh .....

M.Rishana Banu Vs. the Government of Tamil Nadu.

Court : Chennai

..... the petitioner is to approach the hon'ble supreme court, for grant of temporary bail / bail as the convict is not covered under the tamil nadu suspension of sentence rules, 1982. the relief claimed does not fall within the jurisdiction of this court at this stage, because of the pendency of appeal before the hon'ble supreme ..... convict for baby shower ceremony, which was fixed on 30.01.2012.5. the petitioner, instead of filing application under rule 23 of the tamil nadu suspension of sentence rules, 1982, addressed a representation to the home secretary, for grant of parole to the convict for baby shower ceremony, as no action was taken thereon, the ..... , life convict no.6580 lodged at central prison, coimbatore on parole.2. thiru amanullah was convicted in a murder case and sentenced to life imprisonment in the year 1998. the petitioner has already undergone sentence of 14 years in jail. the petitioner is therefore eligible for premature release under the government order no.1762/87.3. prior .....

Mohan Lal Vs. State of Rajasthan and ors.

Court : Rajasthan

Reported in : RLW2004(2)Raj1118; 2004WLC(Raj)UC410

..... a duty on the jail authority to report to the state government through the inspector general of prisons the fact that the detenue has completed 14 years of sentence. it is within the discretion of the state government to release the accused on completion of 14 years of imprisonment. the guide-lines provides consideration of factors ..... also reiterated the imprisonment for life lasts until the last breath and whatever be the length of remission earned, the prisoner can claim release only if the remaining sentence is remitted by the government.7. under the constitutional scheme the president is the chief executive of union of india in whom the executive power of the union ..... of the rajasthan prisons rules, 1951 (hereinafter referred to as the rules of 1951). it is also submitted that the co-accused, who was also convicted and sentenced for the charge of dacoity namely peeru khan has been released, as such it is clearly a case of hostile discrimination. the core question which arises for .....

Dhula and ors. Vs. State of Rajasthan

Court : Rajasthan

Reported in : 2004CriLJ423; RLW2003(4)Raj2186; 2003(3)WLC276

..... the applications for premature release of the convict. rule 7 reads as follows :-'7. scrutiny by the advisory board.- the advisory board before recommending shortening of sentences or premature release of prisoners shall examine the following matters in full and accurate details :- (a) circumstances in which offence was committed and the punishment awarded ..... prayer for premature release has to be considered by the appropriate authority, keeping in view, the conduct of the convicts during the period they were undergoing sentence. it was further observed that while coming to the conclusion for prospecting of regrouping for antisocial activities, the review board did not take into account that ..... the socio-economic conditions of their families.20. in state of punjab v. gurdev singh aforesaid discussion it emerges that the power of shortening of sentence of the convict is enabling power and does not give a vested right to the released convict in all circumstances. at the same time the enabling .....

M. Rajender @ Raju Vs. State of A.P. Rep. by Its Secretary, Home and o ...

Court : Andhra Pradesh

Reported in : 1998(1)ALD(Cri)253; 1998(2)ALT264

..... the age of the mother of the appellant. if the court directs the authorities to grant parole, then there will be no meaning for orders of convictions and sentences passed by the competent courts, whereas, the learned counsel for the appellant, reiterated his contentions raised before the learned single judge.8. a perusal of the relevant ..... pleader, mr. c. sadasiva reddy, is not right in opposing the request of the appellant for grant of parole for a period of three months. suspension of sentence on parole rules, 1981 speak about the power of jail authorities and the government in considering the request for grant of parole. rules 15,17 and 22, which ..... accused. he was acquitted by the sessions court. however, on appeal the high court in crl. appeal no. 1244/79 convicted and sentenced him to suffer imprisonment for life. he is now undergoing sentence of imprisonment in chanchalguda jail. on the first occasion, the appellant was granted parole for a fortnight and again for a fortnight on .....

Sunder Singh.Vs. State of Uttaranchal.

Court : Supreme Court of India

..... 8 persons were seriously injured. out of all those 13 persons, one was 7 years' child. this court, under the circumstances, refused to convert the death sentence into the sentence for life.34. there are three other cases which we must mention. in haru ghosh v. state of west bengal [2009 (15) scc 551], where ..... held that such death penalty can be imposed only when the life imprisonment appears to be inadequate punishment. again it was cautioned that while imposing the death sentence, there must be balance between circumstances regarding the accused and the mitigating circumstances and that there has to be overall consideration of the circumstances regarding the accused ..... burn injuries. the learned government pleader, therefore, urged that considering the balance-sheet of circumstances for and against the accused, the court should confirm the death sentence.29. on these rival contentions, we would have to take stock of few rulings of this court.30. the law is now well settled in the decision .....

State Vs. Mohd. Sheikh Noor Hussain

Court : Delhi

Reported in : 2006(92)DRJ306

..... no injury on the accused found during the medical examination. consequently, we acquit him of the charge under section 376(2)(f) ipc.11. coming to the question of sentence, although this is a case which is repulsive and gruesome in nature, yet we find that the accused comes from the poorest strata of society and it cannot be ruled ..... noor hussain, seeks to challenge the judgment and order whereby the learned judge has held him guilty under section 302 ipc as also under section 376(2)(f) ipc and sentenced him to death and a fine of rs. 500/- for the offence punishable under section 302 ipc; imprisonment for life and a fine of rs. 500/- for the offence ..... continue to commit acts of violence as would constitute threat to the society. in this view, we feel that ends of justice would adequately be met if the sentence of death is converted to sentence of 'imprisonment for life' together with a fine of rs. 500/- and in default of payment of fine, further simple imprisonment for one year. ordered .....

State Vs. Sushil Sharma

Court : Delhi

Reported in : 2007CriLJ4008; 2007(94)DRJ777

..... the holders of the judicial power centre to inflict death penalty irrespective of their personal opinion as regards desirability or otherwise of retaining death penalty, death sentence can be awarded. the community may entertain such sentiment in the following circumstances:(1) when the murder is committed in an extremely brutal, grotesque, ..... and provided, and only provided, the option to impose sentence of imprisonment for life cannot be conscientiously exercised having regard to the nature and circumstances of the crime and all the relevant circumstances.(iv) a ..... ' also require to be taken into consideration along with the circumstances of the 'crime'.(iii) life imprisonment is the rule and death sentence is an exception. death sentence must be imposed only when life imprisonment appears to be an altogether inadequate punishment having regard to the relevant circumstances of the crime, .....

Asstt. Collector of Customs (P), Kandla Vs. Wong Ah Boo

Court : Gujarat

Reported in : 1996(81)ELT453(Guj); (1995)1GLR518

..... under section 120(b) read with section 34 of the indian penal code, on their pleading guilty to the charge were convicted for the same and sentenced to undergo sentence of various rigorous imprisonments and fine, as stated in detail in paragraph hereinafter. 2. to briefly narrate few relevant facts of the case as far as ..... , despite reported decisions of the high court and supreme court, accepts the 'plea of guilty' on mere asking, letting off the accused with the lighter sentence perhaps not realizing the serious consequences of such unbecoming act on his service career that may follow. twelfthly, the object underlying the particular act for example in ..... mind the aforesaid check-list in the present case also while entertaining the plea of guilty and thereafter accepting the same and passing the impugned order of sentence, having regard to the facts and circumstances of the case, the learned magistrate ought not to have been oblivious to the following glaring facts, constituting the .....

State of Haryana and ors. Vs. Jagdish and Harpal

Court : Supreme Court of India

Reported in : 2010(2)SCALE302

..... senior counsel appearing for the state of haryana has submitted that state has unfettered power to lay down a policy in regard to remission of sentence. the short sentencing policies are merely executive instructions having no statutory force, therefore, do not create any legal/vested right in favour of the convict. having ..... (iii) murder ofmore than two persons; (iv) personsconvicted for second time formurder; (v) sedition; (vi) seditionwith murder; and (vii) murder whileundergoing life sentence....(b) convicts who have been their cases for pre-mature releaseimprisoned for life having committed may be considered after completionany crime which is defined in ipc of 14 ..... years actual sentenceand/or ndps act as punishable with including under trial period; provideddeath sentence. that the total period of suchsentence including remissions isnot less than 20 years.(c) .... ....it may also be pertinent to mention here that .....