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J. NISHA BANU, N. ANAND VENKATESH
Shanmugavalli – Appellant
Versus
Superintendent of Prison, Madurai Central Prison, Madurai – Respondent
ORDER :
J. Nisha Banu, N. Anand Venkatesh, JJ.
Prayer : Petition - filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order passed by the first respondent by his proceedings No.16623/Taku 2/ 2022, dated 29.09.2022 and to quash the same as illegal and consequently, direct the first respondent to grant one month ordinary leave under the provisions of the Tamil Nadu Suspension of Sentence Rules 1982, to the petitioner husband namely, Chinna Mani, C.P.No.5991, presently logged in Prison, Madurai.
This Writ Petition has been filed challenging the impugned proceedings of the first respondent, dated 29.09.2022, wherein the ordinary leave sought for by the petitioner, who is the wife of the detenu, was rejected by the first respondent on the ground that the appeal is pending before the Apex Court in Criminal Appeal No.488 of 2020 and therefore, there is a bar under the Tamil Nadu Suspension of Sentence Rules, 1982.
2. The learned counsel for the petitioner submitted that the first respondent went wrong in rejecting the ordinary leave sought for, mainly on the ground that the appeal is pending before
The executive power of the State cannot extend to grant parole or leave or suspension of sentence when the appellate Court has the power to grant suspension of sentence and bail pending appeal.
The court concluded that the pendency of an appeal cannot serve as a basis for denying a prisoner's application for leave, clarifying the scope of the Tamil Nadu Suspension of Sentence Rules, 1982.
The central legal point established in the judgment is that Rule 35 of the Sentence Suspension Rules prohibits granting leave to a prisoner with a pending criminal case, and Rule 40 does not grant th....
No mandamus under Article 226 to grant ordinary leave to ineligible convicts under Tamil Nadu Suspension of Sentence Rules, 1982, as ordinary leave suspends sentence via subordinate legislation; cann....
The main legal point established in the judgment is that the State authorities cannot exercise their power to grant leave under the Tamil Nadu Suspension of Sentence Rules, 1982, when an appeal is pe....
Prisoners may receive ordinary or emergency leave during an appeal under the Tamil Nadu Suspension of Sentence Rules, provided they are not facing concurrent trials, with the Rules aimed at assisting....
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