Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure Section 433 CrPC 1973 Commutation of sentence |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Code of Criminal Procedure, 1973: s.433 - Power of appropriate government to commute sentence - Conviction by trial court u/ss.363, 366A, 376 - Respondent-convict's case not argued on merits in High Court - Only plea on behalf of convict that the concerned authorities be directed to give benefit of s.433 - Public Prosecutor did not oppose the said prayer - High Court directed concerned authorities to give o benefit of s.433 to the convict and dispose of the appeal - Challenged on the ground that the offence committed by the convict was grave and therefore, High Court erred in giving a direction to the authorities to give benefit of s.433 to the convict - Held: When the appropriate Government commutes the sentence, it does so in exercise of its sovereign powers - The court cannot direct the appropriate Government to exercise its sovereign powers - Court can merely give a direction to the appropriate Government to consider the case for commutation of sentence and nothing more - In the instant F case, the benefit of s.433 was not given and the convict was released from jail after serving the sentence imposed on him - Since no steps were taken by the concerned authorities to give the respondent benefit u/s. 433, the appeal has actually become infructuous - The casual manner in which Public Prosecutor made concession in High Court condemned - Judicial deprecation. |
Judge | Hon'ble Ms. Justice Ranjana Prakash Desai |
Neutral Citation | 2014 INSC 710 |
Petitioner | State Of Rajasthan |
Respondent | Mohammad Muslim Tagala |
SCR | [2014] 10 S.C.R. 902 |
Judgement Date | 2014-10-13 |
Case Number | 2184 |
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