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february 1996

Supreme Court of India · 1996-02-15

U.T.CHANDIGARH vs CHARANJIT KAUR

Citation / case number
SC 1995/9056
Court
Supreme Court of India
Petitioner
U.T.CHANDIGARH
Respondent
CHARANJIT KAUR
Author
K. RAMASWAMY
Bench
K. RAMASWAMY

Judgment text excerpt

The Supreme Court held that the High Court erred in directing the premature release of a convict under Article 226 and Section 482 of the Code of Criminal Procedure, 1973, as the convict had not served the mandatory minimum sentence of 14 years required under Section 433 of the Code. The Court clarified that it can only direct the Government to consider commutation of the sentence, not grant release based on procedural lapses by the State. Consequently, the appeal was allowed, overturning the High Court's order.

U.T.CHANDIGARH vs CHARANJIT KAUR · Niyam