JUDGMENT

GANGULY, J.

1. Leave granted. Heard learned counsel for the parties. When the matter was listed on 26th September, 2011, this Court directed learned counsel for the State to furnish an affidavit stating therein what is the actual period of sentence undergone by the appellant. However, the affidavit has not been filed, but learned counsel appearing for the State has filed a statement showing the period of sentence undergone by the petitioner at different stages and the said statement has not been denied by the counsel appearing for the petitioner. We take that statement on record. On a perusal of the same, the following position is clear:

S.No. From To No. of days

1. 16.05.1987 19.05.1987 04 days

2. 14.01.1992 24.01.1992 11 days

3. 22.11.2002 26.02.2003 96 days

4. 07.09.2010 Till Date 05.10.2011 1 year 29 days

4. It is clear from the above table that the appellant had undergone sentence of 1 year and 140 days as on 5.10.2011.

5. The subject matter of challenge in this case is an order passed by the Division Bench of the High Court dated 25th March, 2011 whereby the High Court has, while referring to various judgments, by a reasoned order declined the appellant's prayer for having his case for remission of sentence considered in the light of Government Orders (Gos) issued by the Government from time to time.

6. The crux of the ratio in High Court's judgment is that as the petitioner was on bail on the date of issuance of various notifications for remission of sentence, his case for remission cannot be considered.

7. We are unable to accept the aforesaid reasoning of the High Court for the reasons discussed below:

8. Various notifications have been issued in connection with remission of sentence by the Government. Learned counsel appearing for both the parties have relied in support of their case on a notification being G.O. Ms. No. 279, Dated 23rd February, 1992 issued by the Government. We set out the said notification since this Court is to interpret the same in the judgment.

GOVERNMENT OF TAMIL NADU

ABSTRACT

Prisoners - Remision of sentence - Special remission on occasion of newly elected Government assuming office in Tamil Nadu -ordered.

HOME (PRISON C) DEPARTMENT

G.O.Ms.NO. 279, Dated 23.2.92.

ORDER

On the occasion of the assumption of office of the newly elected Government in Tamil Nadu, the Government have decided to grant remission to certain classes of prisoners who have been convicted for various offences by the courts in this State and sentenced to various terms of imprisonment other than life imprisonment.

2. In exercise of the powers conferred by Article 161 of the Constitution of India, the Government of Tamil Nadu hereby remits;

a. In the case of women who have been sentenced to punishment for offences other than those relating to murder, robbery and smuggling activities, the whole of the unexpired portion of the punishment to which they have been sentenced, and

b. In the case of men who have been sentenced to punishment for various offences other than those relating to murder; robbery and smuggling activities, six months out of their imprisonment. 3. The special remission sanctioned above will not be admissible in the cases of civil prisoners and detenus under the law relating to detention and also in the cases of persons convicted for offences under Sections 3 to 10 of the Official Secrets Act, 1923, Sections 2 and 3 of the Criminal Law Amendment Act 1961, Sections 121 to 130 of the Indian Penal Code, Foreigners and Passport Acts and persons convicted by Courts of criminal jurisdiction of other States.

4. The remission ordered herein shall be made applicable to those prisoners also who have been convicted in this State but are undergoing their sentence in the jails of other States or Union Territories.

5. The remission ordered herein shall take effect from the 24th February, 1992 namely the birth day of the Honorable Chief Minister of Tamil Nadu.

(BY ORDER OF THE GOVERNOR)

K. MALAISAMY,

SECRETARY TO GOVERNMENT.