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1990 Supreme(P&H) 194

JAI SINGH SEKHON
Gurbax Singh – Appellant
Versus
State Of Punjab – Respondent


Judgment

Jai Singh Sekhon, J.

1. The petitioner as per the written statement filed by, Respondent No. 1 had admittedly undergone 9 years, 2 months and 8 days of actual sentence including detention during trial by 17.10.1989 and he had earned remissions of more than 6 years. His conduct in the jail is stated to be good. The State Government has rejected his mercy petition vide order Annexure P. 7 dated 13.10.1989, which is reproduced below :-

"Mercy petition case of life convict Gurbax Singh S/o Banta Singh has been considered by the Governor of Punjab and rejected.

2. I have heard the learned counsel for the parties besides perusing the record. No doubt, under Article 161 of the Constitution of India, the State Government is competent to commute or remit sentences and this power cannot ordinarily be subjected to judicial review, yet all the same if the State Government has laid down certain guidelines regarding the remission of sentences of convicts, then it should follow the same uniformly in similar circumstances as otherwise it will result in arbitrariness. There is no dispute that even after the insertion of section 433-A of the Code of Criminal Procedure, the State Government i











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