Supreme Court of India · 2011-10-11
D. ETHIRAJ vs SECRETARY TO GOVT. .
- Citation / case number
- SC 2011/14283
- Court
- Supreme Court of India
- Petitioner
- D. ETHIRAJ
- Respondent
- SECRETARY TO GOVT. .
- Author
- GANGULY
- Bench
- GYAN SUDHA MISRA ASOK KUMAR GANGULY
Judgment text excerpt
The Supreme Court held that the High Court's refusal to consider the appellant's case for remission of sentence based on his bail status was erroneous. The Court interpreted G.O. Ms. No. 279 dated 23rd February 1992, which provides for remission of sentence under Article 161 of the Constitution of India, emphasizing that the appellant's eligibility for remission should not be contingent on his bail status at the time of notification. Consequently, the Court set aside the High Court's order and directed that the appellant's case for remission be considered in light of the applicable government orders.