Supreme Court · 2011 INSC 740 · Decided 11 October 2011
D. Ethiraj v. Secretary to GOVT. & ORS.
- Court
- Supreme Court of India
- Citation
- 2011 INSC 740 · [2011] 15 S.C.R. 1048
- Case number
- CRIMINAL APPEAL No. 1949/2011
- Decided
- 11 October 2011
- Bench
- A.K. GANGULY, GYAN SUDHA MISRA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 119; Constitution Article 161
Headnote
REMISSION OF SENTENCE: Claim for remission of sentence as per Government of Tamil Nadu, G.O. dated 23.2.1992 - Rejected by High Court on the ground that on the date of notification, the prisoner was on bail - Held: In the instant case, the prisoner is entitled to get his case of remission in D accordance with the G. 0. - A prisoner being on bail on a particular day is just a fortuitous circumstance - What the court has to consider is the actual period of sentence undergone by the prisoner and whether by reason of the period actually undergone, the prisoner qualifies for
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