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THE STATE OF U.T. CHANDIGARH v. BHAGWAN DAS

Supreme Court of India | Diary 46488/2023

Status

Order

Decided On

2024-12-11

Bench

HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH, HON'BLE MR. JUSTICE ABHAY S. OKA

Petitioner

THE STATE OF U.T. CHANDIGARH

Respondent

BHAGWAN DAS

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Full Judgment Text

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.5192 OF 2024 (Arising out of S.L.P.(Criminal) No.4533 of 2024)

STATE OF U.T. CHANDIGARH & ORS. ... APPELLANT(S)

VS.

BHAGWAN DASS ... RESPONDENT(S)

O R D E R

Though the notice is served, none appears for the

respondent.

2. Leave granted.

3. Heard the learned counsel appearing for the

appellant.

4. The respondent was convicted for the offence

punishable under Section 302 of the Indian Penal Code,

1860 (for short, 'the IPC') and was sentenced to undergo

imprisonment for life. The respondent filed a petition

under Article 226 of the Constitution of India seeking a

writ of mandamus enjoining the appellants to grant him

the benefit of remission under Section 432 (1) of the

Code of Criminal Procedure, 1973 (for short, the "CRPC").

The following is the operative part of the impugned order

dated 28th February, 2023 passed by the High Court:

1

"In view of the submissions made by learned

State counsel, present petition is disposed of

with the direction to release the petitioner

within 4 weeks from the date of receipt of

certified copy of this order."

5. Today, the learned counsel appearing for the

appellant has placed on record a custody certificate of

the respondent dated 7th December, 2024 which shows that

on the date of ...

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