Supreme Court of India
State of Rajasthan and Others v. Mukesh Sharma
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From the headnote
Sentence/Sentencing: Remission of sentence – Writ petition challenging constitutional validity of r. 8(2)(i) of Rajasthan Prisons (Shortening of Sentences) Rules, 2006 (framed u/s. 59(1) (2) and (5) Prisons Act, 1894) – By appellants/convicts undergoing life sentence – High Court allowed the petition holding that the Rules not having been placed before the State legislature as required by s. 59(2) of Prisons Act, did not acquire statutory force and that the Rules were contrary to s. 433A of Cr.P. . – On appeal, held: It is not mandatory to place the Rules before the legislature prior to its…
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