Supreme Court of India · 2014-12-10
State Of M.P. & Ors vs Khuman Singh & Anr
- Citation / case number
- AIR 2015 SUPREME COURT 908
- Court
- Supreme Court of India
- Petitioner
- State Of M.P. & Ors
- Respondent
- Khuman Singh & Anr
- Bench
- T.S. Thakur, Adarsh Kumar Goel
Judgment text excerpt
The Supreme Court held that the High Court's direction for premature release of convicts under Section 433 CrPC was impermissible, as the Government holds the exclusive power to commute sentences. The Court emphasized that the High Court should remand cases for fresh consideration rather than directly ordering release, especially when the Probation Board's recommendations oppose such action. The judgment of the High Court was set aside, reaffirming the principles established in Arvind Yadav vs. Ramesh Kumar & Others regarding the judicial review of release orders.