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Supreme Court of India 2019-04-25 disposed

Rajan vs Home Secretary, Home Department of Tamil Nadu and Ors

Bench: 2 — A.M. Khanwilkar

In Brief

A life-sentence prisoner convicted of murder (Section 302 IPC, 3 counts) and attempted murder (Section 307 IPC, 4 counts), who has served over 30 years actual imprisonment (36 years with remission), petitioned for premature release. The Supreme Court held that while sentences for concurrent offences already undergone cannot be reckoned, grant of premature release remains the exclusive prerogative of the State Government under CrPC Sections 432–433. The Court rejected directions for immediate release but ordered the State to expeditiously reconsider the petitioner's representation on its own merits within four months, without being bound by an earlier rejection, and without requiring Central Government consultation since only non-concurrent IPC offences remained for consideration.

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Remission and Commutation Premature Release Life Imprisonment Criminal Procedure Sentencing Constitutional Law

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