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2024 Supreme(Online)(SC) 11647

SUPREME COURT OF INDIA
HON'BLE MR. JUSTICE ABHAY S. OKA, HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH
MAFABHAI MOTIBHAI SAGAR – Appellant
Versus
THE STATE OF GUJARAT – Respondent


J U D G M E N T

ABHAY S. OKA, J.

1. Leave granted.

2. The issue involved in this appeal is as regards the legality of the conditions imposed while remitting the life sentence of the appellant in the exercise of powers under sub-section (1) of Section 432 of the Code of Criminal Procedure, 1973 (for short, ‘the CrPC’). There is an identical provision in the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘the BNSS’) in the form of sub-section (1) of Section 473.

FACTUAL ASPECTS

3. The appellant was convicted for the offence punishable Signature Not Verified Digitally signed by Anita Malhotraunder Section 302 read with Sections 147 and 148 of the Indian Date: 2024.10.21 Reason:

Penal Code, 1860 (for short, ‘the IPC’) and was sentenced on 18th February 2008 to undergo life imprisonment. The conviction of the appellant has attained finality.

4. The present appeal arises out of an order passed by the High Court of Gujarat on an application made by the appellant for grant of parole under Rule 19 of the Prisons (Bombay Furlough and Parole) Rules, 1959. As the prayer was rejected by the impugned order, this appeal was filed before this Court. While arguing the appeal before this Court, on 26

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