MAFABHAI MOTIBHAI SAGAR Vs. STATE OF GUJARAT

JUDGEMENT

(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 subsec. (1) of Sec. 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-sec. (1) of Sec. 473.

(3.) The appellant was convicted for the offence punishable under Sec. 302 read with Ss. 147 and 148 of the Indian Penal Code, 1860 (for short, 'the IPC') and was sentenced on 18/2/2008 to undergo life imprisonment. The conviction of the appellant has attained finality.