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M. S. RAMESH, M. NIRMAL KUMAR
Latha – Appellant
Versus
State, Represented by its, The Deputy Inspector General of Prison, Madurai – Respondent
| Table of Content |
|---|
| 1. denial of leave based on appeal pending isn't an absolute bar. (Para 1 , 2) |
| 2. arguments contrast rules preventing leave and judicial appeal processes. (Para 3 , 4) |
| 3. legal precedents emphasize jurisdictional limits on suspending sentences. (Para 5 , 6 , 12) |
| 4. impugned orders against leave must be reconsidered. (Para 45 , 46) |
JUDGMENT
(Prayer:Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order bearing No.414/Tha.Ku.2/2022, dated 31.01.2023, passed by the 2nd respondent and quash the same and consecutively direct the respondents to grant ordinary leave for 40 days without escort, to the detenu, Thirupathirajan, S/o.Narayanan life convict prisoner Convict No.4432 detained at central prison, Palayamkottai.)
M.S. Ramesh, J.
1. The petitioner's husband, Thirupathirajan, is a life convict prisoner (CP.No.4432) and detained at Central Prison, Palayamkottai. When the petitioner had made an application on 13.01.2023 seeking for grant of 40 days ordinary leave under the provisions of the Tamil Nadu Suspension of Sentence Rules, 1982, her request was rejected throu
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 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....
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 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....
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 central legal point established in the judgment is that a convict prisoner facing trial cannot be granted leave, and the grant of remission or parole is a privilege available to the prisoner on f....
The discretionary nature of granting ordinary leave to convict prisoners under the T.N. Suspension of Sentence Rules and the limitations of the court's jurisdiction in such matters.
Rule 40 of the Tamil Nadu Suspension of Sentence Rules, 1982, empowers the government to grant exemption from specific rules, including Rule 35, to allow for the consideration of emergency leave for ....
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