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.