In Brief
This appeal addresses the legality of a government order granting remission of sentence to three police officers convicted of assault without following the required procedure. The Court held that remission under Section 432 of the Code of Criminal Procedure cannot be granted before the convicted persons surrender to undergo their sentence, except on conditions independent of their will. Additionally, the order was void because it was passed by the Governor without the aid and advice of the Council of Ministers, violating Article 161 of the Constitution. The Court allowed the appeal and directed the State Government to reconsider remission applications only after the convicts surrender to serve their sentences.
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