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2019 Supreme(SC) 639

RANJAN GOGOI, L. NAGESWARA RAO, SANJIV KHANNA
State Of Tamil Nadu – Appellant
Versus
P. Veera Bhaarathi – Respondent


Advocates appeared:
For the Appellant :Mr. V. Giri, Sr. Advocate, Mr. M. Yogesh Kanna, AOR, Mr. S. Partha Sarathi and Mr. S. Raja Rajeshwaran, Advs.

JUDGMENT :

1. Leave granted.

2. The manner in which the High Court of Madras understood the provisions of Rule 341 of the Tamil Nadu Prison Rules, 1983 (hereinafter referred to as "Rules") and the consequential directions issued as contained in paragraph 25 of the impugned judgment and order of the High Court dated 26th October, 2016 are under challenge in this appeal by the State.

3. Rule 341 of the Rules which will require reconsideration of the Court, though very exhaustive, is set out below:

"(1) The sentences of all prisoners sentenced to imprisonment for life or to more than twenty years imprisonment in the aggregate or imprisonment for life and imprisonment for terms exceeding in the aggregate twenty years shall, for the purpose of this rule, be deemed to be sentences of imprisonment for twenty years.

(2) The cases of prisoners undergoing imprisonment for life shall, ordinarily be placed before the Advisory Board as constituted for consideration as to whether their parole will be recommended, on completion of ten years of actual imprisonment:

Provided that by virtue of provision contained in section 433-A of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), the cases o




























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