STATE OF HARYANA AND ORS. versus MOHINDER SINGH

Citation: [2000] 1 S.C.R. 698 · Decided: 07-02-2000 · Supreme Court of India · Bench: S. SAGHIR AHMAD · Disposal: Appeal(s) allowed
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Judgment (excerpt)

A 
B 
STATE OF HARYANA AND ORS. 
v. 
MOHINDER SINGH 
FEBRUARY 7, 2000 
[S. SAGHIR AHMAD AND D. P. WADHWA, JJ.J 
Criminal Procedure Code, 1973-Section 432-Remission of sen-
tence--lssuance of circular by State Government-Applicability of-Circular 
provides remission of sentence to all convicts who are confined in jail and 
C are on parole or furlough from the jail on a specified date-But remission not 
granted to the prisoners convicted of rape or dowry deatft-Held, remission of 
sentence not available to prisoners 011 bail and those convicted for rape-Fur-
ther, merely because when bail granted to prisoner his conviction was not 
suspended, the convict would not become entitled to remission under the 
D circular for the period he was on bail-Punjab Jail Manual. 
Words and Phrases: 
Bail, furlough and Parole-Distinction between. 
E 
In exercise of powers conferred under Section 432 of Code of 
Criminal Procedure the State Government issued circulars for grant of 
remission of sentence. It granted special remission to the prisoners con-
fined in jail and remission to all convicts on parole/furlough from the jail 
on a specified date. However, rem;ission of sentence was not granted to 
prisoners convicted of rape or dowry death. Five respondents were on bail 
F and the sixth one was convicted of an offence under section 376 l.P.C. As 
regards the respondent convicted for an offence under section 376 IPC, 
High Court considered paras 633, 635 and 637 or the Punjab Jail Manual 
as applicable in the State or Haryana. It held that the prisoner was entitled 
to remission as it was granted to those prisoners who were on paroletrur-
G lough or were in jail on the date of ~he circular granting remission. Hence, 
these appeals by the State. 
Allowing these appeals, the Court 
HELD : I.I. Tha respondents on bail are not entitled to the benefits 
H of remission of sentence under the circular issued by the State Government 
698 
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STATE v. MOHINDER SINGH 
699 
under sectio111 432 of tbe Criminal Procedure Code. When a circular A 
s~cifically appli=:s to the prisoners who are undergoing sentence and are 
confined in jail and even to those who are on parole or furlough, the 
circular cannot extend to convicts who are 0111 bail and thus court cimnot 
carve out another category to which they are not entitled under section 432 
of tbe Code. (716-D; 717-D; 715-G-H] 
1.2. The respondent convicted of an offence under ~ection 376 of the 
Indian Penal Code is not entitled to remission of sentence under the 
Government circular issued under section 432 of the Criminal Procedure 
code as the circular is not applicable to a person convicted of an offence 
B 
under section 376 IPC. (716-C-D] 
C 
1.3. The circular granting remission is authorised under the law. It 
prescribes limitations both as regards the prisoners \?ho are eligible and 
those who have Ileen excluded. Conditions for remission of sentence to the 
prisoners who are eligible are also prescribed by the circular. Prisoners 
have no absolute right for remission of their sentence except what is D 
prescrib1:d by law and the circular issued thereunder. Special remission 
not apply to a prisoner convicted of a particular offence can certainly be 
relevant consideration for the State Government not to exercise pow;er of 
remission In that case. Power of remission cannot be exercised arbitrarily. 
Decision to grunt remission has to be well informed, reasonable and fair E 
to all c11ncemed. (705-H; 7116-A·B] 
Jai Prakash & Ors. v. State of Haryana and Others, (1987] 4 SCC 296, 
held applicable. 
Nalamolu Appala Swamy & Ors. v. State of Andhra Pradesh, (1989] 
F 
Supp. 2 SCC 192, distinguished. 
2.1. Bail Is granted by the officer-in-charge of a police station or by 
the court when a pers11n is arrested and is accused of an offence other than 
non-bailable offence. Court grants bail when a person apprehends arrest 
in case 11f non-bailable offence or is arrested of a no11-bailable offence. G 
When a person is convicted of an offence he can be released on bail by the 
appellate court till his appeal is decided. If he is acquitted his bail bonds 
are discharged and if appeal is dbmissed he is ta!ten into custody. Bail 
ran he granted subject to conditio11s. It does not appear to be quite 
material that during the pendency of appeal though his sentence is H 
700 
Sl'PREME COURT REPORTS 
[2000] 1 S.C.R. 
A suspended he nevertheless remain.s a convict. For the exercise of powers
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