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

Search related judgments

Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)