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Supreme Court of India 2020-07-17 remanded

PYARE LAL vs STATE OF HARYANA

Bench: 3 — Uday Umesh Lalit, Mohan M. Shantanagoudar, Vineet Saran

In Brief

Pyare Lal, convicted of murder under Section 302 IPC and sentenced to life imprisonment, was prematurely released in 2019 after 8 years of imprisonment under a Haryana state remission policy granting release to convicts aged 75+ with 8 years actual sentence and satisfactory conduct, regardless of crime severity. The Supreme Court held that while executive clemency under Article 161 is not bound by Section 433-A of the Code, it cannot be exercised through blanket policy without individual case consideration. The Governor must have before him facts regarding the crime's severity, manner of commission, and impact on society. The Court remanded the matter to a larger Bench to resolve the tension between Maru Ram (permitting general orders for groups) and subsequent jurisprudence requiring individual case review.

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Constitutional Law Criminal Procedure Executive Clemency Remission of Sentence Judicial Review Prerogative Powers Article 161 Murder

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