Supreme Court of India
D. Ethiraj v. Secretary to Govt. & Ors.
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From the headnote
REMISSION OF SENTENCE: Claim for remission of sentence as per Government of Tamil Nadu, .O. dated 23.2.1992 - Rejected by High Court on the ground that on the date of notification, the prisoner was on bail - Held: In the instant case, the prisoner is entitled to get his case of remission of sentence considered in accordance with the . 0. - prisoner being on bail on a particular day is just a fortuitous circumstance - What the court has to consider is the actual period of sentence undergone by the prisoner and whether by reason of the period actually undergone, the prisoner qualifies for
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