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2019 Supreme(SC) 471

ARUN MISHRA, NAVIN SINHA
STATE OF RAJASTHAN – Appellant
Versus
MUKESH SHARMA – Respondent


Advocates Appeared:
For the Appellant :Mr. Satyendra Kumar, Advocate, Mr. Shailja Nanda Mishra, Advocate and Mr. Milind Kumar, Advocate
For the Respondent:Mr. Gaurav Agrawal, Advocate and Mrs. K. Sarada Devi, Advocate

JUDGMENT

NAVIN SINHA, J.

A common question of law arises for consideration in this batch of appeals. The individual facts are therefore not relevant for adjudication. Suffice it to observe that each of the respondents in the respective appeals was convicted under Section 302 and other provisions of the Indian Penal Code in different Sessions trials arising from separate unconnected incidents and sentenced to imprisonment for life. They filed individual writ petitions contending that they had served more than 14 years in custody but their cases were not placed by the Jail Authorities before the State Advisory Boards for shortening of their sentences and premature release. The constitutional validity of Rule 8(2)(i) of the Rajasthan Prisons (Shortening of Sentences) Rules, 2006, (hereinafter referred to as “the Rules, 2006”) was challenged, putting a fetter on consideration of their cases till they earned a minimum of four years of remission after completing 14 years of actual imprisonment excluding remission, as being contrary to Section 433-A Cr.P.C. No other issue was urged.

2. The Rules, 2006 were framed by the State Government in exercise of powers under Clause (2) & (5) of Sect





























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