All companyvicted prisoners sentenced to imprisonment for life and governed by Section 433 A, Cr.
Paragraph 4 indicated that the above remissions and reductions in sentences shall also apply to prisoners who have been companyvicted by companyrts situated within the State of Andhra Pradesh and are undergoing the sentences in other States.
Respondent M.T. Khan claiming to be the President of Andhra Pradesh Civil Liberties Committee filed writ petitions companytending that their companytinued incarceration was illegal and arbitrary.
P.C., who have companypleted 14 years of total sentence including 10 years of actual sentence as on 14.1.1995 shall be released.
Writ petition No.20018 of 1995 related to him.
The Government of Maharashtra passed an order on 1.12.1995 under sub section 1 of Section 432 of the Code of Criminal Procedure, 1973 in short the Code remitting that portion of the sentence of imprisonment for life which is in excess of 14 years of total imprisonment including all remissions subject to companypletion of actual imprisonment of 14 yearssubject to the companydition of the said persons good behaviour and companyduct in prison till the time of his release The Government of Andhra Pradesh issued G.O.Ms.
The question is whether the Governor of a particular State in exercise of clemency powers under Article 161 of the Constitution can grant remission to prisoners companyvicted by companyrts outside the companycerned State, but undergoing sentences in jails in the State.
At the time of filing the writ petitions the actual sentence undergone by S. Appala Swamy was about 11 years and 6 months, while that of Rajender was in excess of 14 years.
The other writ petition No.21536/1995 related to companyvict Rajender who was companyvicted under Section 302 IPC and sentenced to imprisonment for life by the IV Additional Sessions Judge, Thane, Maharashtra.
Five categories of prisoners were excluded from the purview of the aforesaid benefit and one of the excluded categories to which this case relates was Prisoners companyvicted and sentenced by companyrts situated outside the state of Andhra Pradesh.
One S. Appala Swamy was companyvicted for the offence punishable under Section 302 of the Indian Penal Code, 1860 in short the IPC and sentenced to imprisonment for life by the Sessions Judge, Bastar at Jagdalpur, Madhya Pradesh.
The relevant portion reads as follows All companyvicted prisoners sentenced to imprisonment for life and governed by Section 433 A, Cr.
The Andhra Pradesh High Court in the two writ petitions W.P. number.
While serving the sentence in the Central Prison, Erawada, Maharashtra he was transferred to the Central Prison Warangal in the State of Andhra Pradesh.
No.4, Home Prisons C Department dated 17.1.1995 by which the Governor of Andhra Pradesh in exercise of his powers companyferred by Article 161 of the Constitution remitted the unexpired residue of the sentences of different categories of prisoners companyvicted by the companyrts in the State for offences against laws relating to matters to which the executive power of the State extends.
Present appeals relate to the State of Andhra Pradesh.
20018 and 21536 of 1995 held in the affirmative and hence these appeals.
As by 14.5.1995 Rajender had companypleted more than 14 years of actual sentence including the remand period, the Government of Andhra Pradesh forwarded his case for companysideration of the State of Maharashtra on 12.9.1994 for taking the appropriate action.
While serving the said sentence at the District Jail, Jagdalpur he was transferred to the Visakhapatnam Jail in Andhra Pradesh.
