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1989 Supreme(SC) 215

Nalamolu Appala Swamy: Inturu Nageswara Rao – Appellant
Versus
State Of A. P. – Respondent


(1) PENDING disposai ofthe appeal filed against their convictions under S. 147/148 and 302 read with S. 149 or 34 IPC,the appellants seek remission of sentence and release in terms of G.O./MS No. 580/Home (Prisons C) Department dated 20/10/1984 ofthe Andhra Pradesh government.

(2) IN view ofthe limited question for consid ration by us, there is no need to set outthe provisions ofthe GO orthe manner of their inter-pretation. Suffice it to say thatthe GO has been issued by the govern-ment for granting remission to certain catgories of prisoners "to com-memoratethe occasion ofthe anniversary ofthe formation ofthe Andhra Pradesh State on 1/11/1984 andthe restoration of dem-ocratie ruie inthe State".

(3) IN a brief affidavit-in-reply filed bythe State, it has been stated in para 4 as follows:

"IT is respecifully-submitted thatthe said GO is not applicable after 1/11/1984 and furtherthe remission can oniy be granted tothe prisoners who are actually in jail atthe time of issuance ofthe said GO. the appellants herein were on bail by virtue ofthe order of this Honble court. Since they were not in jail atthe time of issuance ofthe above GO they cannot daim to be rel






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