GANI KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY order dated 14.10.2009, following question was settled for determination:

(2.) WHILE meeting with the question aforesaid, it is contended by Shri NA Naqvi, learned Additional Advocate General, that the issue as to whether the Parole Committee/District Magistrate or any other Authority other than the Courts are authorized to release the convicts on parole under the Rajasthan Parole Rules, when the appeal is pending, was considered by Division Bench of this Court in Bhanwar Lal Godara v. State of Rajasthan and Ors. reported in, 2005 (1) Cr.L.R. (Raj.) 434. The Division Bench in the case aforesaid held as under:

(3.) AS per Section 432 Cr.P.C., when any person has been sentenced to punishment for an offence, the appropriate Government, may at any time, without conditions or upon any conditions which the person sentenced accepts, suspend the execution of his sentence or remit the whole or any part of the punishment to which he has been sentenced. Sub -section (5) of Section 432 Cr.P.C. provides that the appropriate Government may, by general rules or special orders, give directions as to the suspension of sentences and the conditions on which petitions should be presented and dealt with. Section 432 Cr.P.C. is applicable to the persons sentenced only.