PERIYALWAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) These three petitioners have filed these three petitions under Section 482, Crl.P.C. to give effect to the G.Os. issued by the Government of Tamil Nadu for remission of sentence passed against each one of them.

(2.) Crl.O.P.No. 10722 of 1998: The petitioner Periyalwar was convicted by learned VI Additional Special Judge (now IV Additional Special Judge), Chennai in C.C.No.22 of 1989 for alleged offences under Sections 7 and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 and learned Judge found the petitioner guilty under the above sections convicted and sentenced him to undergo rigorous imprisonment for 2 years and to pay a fine of Rs. 1,000 in default to undergo rigorous imprisonment for 3 months. The petitioner has filed Criminal Appeal No. 804 of 1990 before this Court and the appeal was dismissed with the observation that the jail authorities to take into account the various G.Os. in respect of remission. The petitioner has claimed remission as under: (1) G.O.Ms.No. 279, Home (Prisons-IV) Dept., dated 23-2-1992 for 6 months. (2) G.O.Ms.No. 296, Home (Prisons-IV) Dept. dated 22-2-1993 for 6 months. (3) G.O.Ms.No. 205, Home (Prisons-IV) Dept. dated 23-2-1994 for 6 months. (4) G.O.Ms.No. 1342, Home (Prisons - IV) Dept. dated 12-9-1996 for 6 months. (5) G.O.Ms.No. 1163, Home (Prisons-IV) Dept. dated 12-8-1997 for 4 months.

(3.) Crl.O.P.No. 17137 of 1998: The petitioner one Parthiban, an accused in S.C.No. 8 of 1989 on the file of the Special Judge-cum-Chief Judicial Magistrate, Kumbakonam, for offences under Sections 5(2) read with 5(1)(2) of the Prevention of Corruption Act. Learned Special Judge-cum-Chief Judicial Magistrate found him guilty under the said section convicted and sentenced, him to undergo rigorous imprisonment for ,2 years and to pay a fine of Rs. 5,000. The petitioner has paid the fine amount. The petitioner has filed Criminal Appeal No. 158 of 1992 on the file of this Court and his sentence was reduced and modified to rigorous imprisonment for 1 year by an order dated 10-8-1998. The petitioner has claimed remission granted under the Government Orders: (1) G.O.Ms.No. 296, Home (Prisons-IV) Dept., dated 20-2-1993, 6 months (2) G.O.Ms.No. 205, Home (Prisons-IV) Dept., dated 23-2-1994, 6 months (3) G.O.Ms.No. 1163, Home (Prisons-IV) Dept., dated 12-8-1997, 3 months