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july 1996

Supreme Court of India · 1996-07-22

STATE OF PUNJAB vs KESAR SINGH

Citation / case number
SC 1996/3400
Court
Supreme Court of India
Petitioner
STATE OF PUNJAB
Respondent
KESAR SINGH
Author
A.S. ANAND
Bench
A.S. ANAND

Judgment text excerpt

The Supreme Court held that the High Court's order for the premature release of the respondent convicted under Section 302/34 IPC was not permissible under law. The Court emphasized that under Section 433 of the Code of Criminal Procedure, the power to commute a life sentence lies with the Government and cannot be ordered by the High Court. The respondent had not completed the requisite 14 years of imprisonment for such a commutation, leading to the conclusion that the High Court's direction was unsustainable and was set aside.

STATE OF PUNJAB vs KESAR SINGH · Niyam