Supreme Court · 2019 INSC 545 · Decided 22 April 2019
State of Rajasthan and Others v. Mukesh Sharma
- Court
- Supreme Court of India
- Citation
- 2019 INSC 545 · [2019] 6 S.C.R. 194
- Case number
- CIVIL APPEAL No. 3086/2016
- Decided
- 22 April 2019
- Bench
- ARUN MISHRA, NAVIN SINHA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- IPC Section 432, 433(b), 433A; CrPC Section 433A, 432, 433(b)
Headnote
Sentence/Sentencing: Remission of sentence - Writ petition challenging constitutional validity of r. 8(2)(i) of Rajasthan Prisons (Shortening of Sentences) Rules, 2006 (framed u/s. 59(1) (2) and (5) Prisons Act, 1894) - By appellants/convicts undergoing life sentence - High holding that the Rules not having been placed before the State legislature as required by s. 59(2) of Prisons Act, did not acquire statutory force and that the Rules were contrary to s. 433A of Cr.P.C. - On appeal, held: It is not mandatory to place the Rules before the legislature
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