Nabiul Rahman vs State of U. P. - 1973 Supreme(All) 332

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1973 Supreme(All) 332

C. S. P. SINGH
Nabiul Rahman – Appellant
Versus
State of U. P. – Respondent

Advocates appeared:
Sirish Pd, For the Appellant / Standing Counsel, For the Respondent

ORDER

C.S.P. Singh, J. - The Petitioner was convicted Under Sections 305/147/148/149 IPC and sentenced to undergo life imprisonment. The Petitioner after serving a part of the sentence in jail custody was released by the State Government under order passed u/s 401 of the Code of Criminal Procedure, whereby his remaining part of the sentence was suspended. The order suspending the sentence was to take effect on the Petitioner executing a (sic) to comply with certain conditions let out therein (Annexure "B" to the ' writ petition). This order suspending the sentence was cancelled on 16-9-1970 on the ground that the Petitioner had committed a breach of condition No. 2 of the bond.

2. It is not disputed that no formal notice was given to the Petitioner before passing the impugned order of cancellation. All that has been alleged in the counter-affidavit that the Sub Inspector of Police informed him of the allegation made against the Petitioner that he had committed a breach of the condition of the bond the order suspending the sentence and directing release of the Petitioner was a valuable one, so far as liberty of tint Petitioner was concerned. This order could not in fairness be cancell

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