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december 2014

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.

State Of M.P. & Ors vs Khuman Singh & Anr · Niyam