SHARAD KUMAR SHARMA
Om Prakash @ Israel @ Raju @ Raju Das – Appellant
Versus
Union of India – Respondent
JUDGMENT :
SHARAD KUMAR SHARMA, J.
1. Before entering into the actual controversy which has been sought to be raised by the petitioner in the present writ petition, which is in the light of the amendment which has been brought into effect in the Juvenile Justice (Care and Protection of Children) Act,2015, (hereinafter to be referred as "the Act of 2015") and reference to it is for the purpose to derive the impact of it on the instant proceedings which has already culminated upto the stage contemplated under Articles 161 and 72(1)(c) of the Constitution of India, much prior in time than from the enforcements of the Act of 2015, whether it becomes relevant? After Article 161 which provides with the special executive powers to the Governor to grant pardon or to suspend, remit or conjoin a sentence in certain cases. Similarly, after culmination of proceedings under Article 72(1)(c) of the Constitution of India before the President of India, who exercises his executive powers to grant pardon etc. or suspend remit or commute a sentence, over and above the determination made after the Courts of law have concluded its proceedings of conviction.
2. This issue, it has been settled in Joy's case
Abdul Mannan Vs. State of West Bengal
Abdul Razzak Vs. State Uttar Pradesh
Abuzar Hossain alias Gulam Hossain Vs. State of West Bengal
Ashok Kumar Vs. Union of India
Aswani Kumar Saxena Vs. State of M.P.
Babla alias Dinesh Vs. State of Uttarakhand
Baradakanta Mishra Vs. the Registrar of Orissa High Court and another
Bhola Bhagat Vs. State of Bihar
Epuru Sudhakar and Anr. Vs. Government of A.P. and Ors.
Gopinath Ghosh Vs. State of West Bengal
Hari Ram Vs. State of Rajasthan
Jintendra Singh alias Babboo Singh and Anr. Vs. State of Uttar Pradesh
Narayan Dutt and Others Vs. State of Punjab and others
Pradeep Kumar Vs. State of U.P.
Pratap Singh Vs. State of Jharkhand
Raj Singh Vs. State of Haryana
Ram Narain Vs. State of Uttar Pradesh
Rama Rao Vs. Narayan and Others
Ramdeo Chauhan Vs. Bani Kant Das and Ors.
Sri Lakhi Baruah and others Vs. Sri Padma Kanta Kalia and others
State of Bombay Vs. Narothamdas Jethabai and Ors.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.