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Frame Rules Governing Sentence Suspension Within Four Weeks: Uttarakhand HC To State [Read Judgment]

13 Jan 2017 11:56 AM GMT
Frame Rules Governing Sentence Suspension Within Four Weeks: Uttarakhand HC To State [Read Judgment]
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In an important pronouncement, the Uttarakhand High Court has directed the state government to frame rules governing the suspension of sentences.

Justice Rajiv Sharma has also directed the state to consider, while framing the rules, illness of a prisoner’s parents, husband or wife, son, daughter, brother or sister; for sowing or harvesting of agricultural crops on his own land; for essential repairs of the house; the conditions of suspension of sentence, punishment for violation of conditions of suspension of sentence.

The wife of a prisoner had approached the high court seeking a direction to the government to consider her application seeking parole to her husband. She told the court that their daughter’s marriage had been fixed and there was no other male member in her family. Her counsel also highlighted the fact that, till date, the state has not framed any special rules/general orders under Section 432(5) CrPC. It was also brought to the notice of the court that there is arbitrariness in granting parole, citing an instance, in which a person convicted for the murder of MLA has been granted parole for two months by the state government in an arbitrary manner.

The bench then directed the state to consider her application seeking parole of her husband within two weeks. The state was also directed to have a relook at the circumstances in which it gave parole to a person convicted of murder of a legislator of the state and revoke it, if necessary. The court also clarified that till the general rules/special orders are not framed by the state government under Section 432(5) CrPC, the state government shall not suspend or remit the sentence of any convict.

Read the Judgment Here.

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