TMI Blog2002 (8) TMI 851X X X X Extracts X X X X X X X X Extracts X X X X ..... r one year, in addition to a fine of ₹ 2000/-, in default of payment of which to undergo a further sentence of simple imprisonment for one month. Thereafter, the respondent went on appeal and the learned Additional Sessions Judge, New Delhi, by his judgment dated 20.3.2001 in Crl. Appeal No.11 of 2000 affirmed the findings of the trial court that the offence has been properly proved on the basis of proper and sufficient materials and consequently sustained the conviction. So far as the question of sentence is concerned, adverting to the claim made for the benefit of Section 433 (d) of the Criminal Procedure Code, the Appellate Judge found it not possible for him to grant relief on the view that the power to commute under the said prov ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... spended. Aggrieved against this order of the High Court dated 24.4.2001, this appeal has been filed by the Delhi Administration. The learned Solicitor General, appearing for the appellant, contended that the High Court could not order for the commutation of the sentence, once the conviction of the respondent has been upheld and no jurisdictional or other error of any kind was also found in the sentence imposed. Placing reliance upon a decision of this Court reported in State of Punjab vs. Kesar Singh [1996 (5) SCC 495], it has been urged that the power under Section 433 Cr.P.C. has to be exercised by the State Government, in its discretion and it is not for the High Court to pass an order for commutation and direct the State Government t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of imprisonment into one of fine, as indicated by the High Court. We have carefully considered the submissions of the learned counsel appearing on either side. Apparently, the learned Judge in the High Court was merely swayed by considerations of judicial comity and propriety and failed to see that merely because this Court has issued directions in some other cases, to deal with the fact situation in those other cases, in the purported exercise of its undoubted inherent and plenary powers to do complete justice, keeping aside even technicalities, the High Court, exercising statutory powers under the Criminal Laws of the land, could not afford to assume to itself the powers or jurisdiction to do the same or similar things. The High Cour ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ugh while considering clause (b) of the very provision has observed as follows : The mandate of Section 433, Cr.P.C., enables the Government in an appropriate case to commute the sentence of a convict and to prematurely order his release before expiry of the sentence as imposed by the Courts. . That apart, even if the High Court could give such a direction, it could only direct consideration of the case of premature release by the Government and could not have ordered the premature release of the respondent itself. The right to exercise the power under Section 433, Cr. P.C., vests in the Government and has to be exercised by the Government in accordance with the rules and established principles. The impugned order of the High Court cannot, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y is to be always viewed as in trust, coupled with a duty to exercise the same in larger public and societal interest, too. When, the legislature concerned has chosen to mandate for the imposition of a minimum sentence in a given situation, the responsibility of the appropriate Government becomes all the more greater and power under Section 433, Cr.P.C., may have to be exercised with great circumspection. Otherwise, the legislative will become a mere dead-letter at the whim of the executive. Be that, as it may, this judgment shall not be construed to take away the benefit, if any, already given to an accused, purporting to follow the earlier decisions, as has been done in this case. To some extent, this situation seems to have arisen due ..... X X X X Extracts X X X X X X X X Extracts X X X X
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