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Supreme Court of India 2019-04-25 partly_allowed

RAJAN vs THE HOME SECRETARY HOME DEPARTMENT OF TAMIL NADU

Bench: 2 — A.M. Khanwilkar, Ajay Rastogi

In Brief

A prisoner sentenced to concurrent life imprisonment for multiple murders (3 counts under Section 302 IPC), attempted murders (4 counts under Section 307 IPC), dacoity, and arms offences sought premature release after 30+ years of imprisonment. The Supreme Court held that while conviction under Section 27(3) of the Arms Act was void (declared ultra vires elsewhere), and sentences already undergone could be excluded, premature release could only be considered for the life sentences under Sections 302 and 307. The Court directed the State to reconsider his representation on merits, reaffirming that remission is an executive prerogative and that earlier rejection should not preclude fresh consideration when circumstances change."

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Criminal Law Sentencing Premature Release Remission and Commutation Arms Act Multiple Convictions Concurrent Sentences Constitutional Law

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