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Issues involved: Appeal against High Court judgment, grant of bail, remission of sentence, constitutional powers for pardon or remission.
The Supreme Court heard the appeal against the High Court of Gujarat's judgment in Criminal Appeal No. 812 of 1995. The Court found no infirmity in the High Court's decision, upholding the appellant's conviction. The appeal was dismissed, and the appellant's bail was cancelled, with orders to be taken into custody to serve the remaining sentence. Regarding the appellant's request for remission of sentence, the Court clarified that remission can only be granted by the executive authorities. The appellant was advised to seek redress from the appropriate Government through representation under Section 432 of the Code of Criminal Procedure or Articles 72 or 161 of the Constitution of India. It was emphasized that the constitutional powers of the President or Governor for pardon or remission cannot be restricted by Section 433A Cr.P.C., as the Constitution holds precedence over statutes. The appellant was also permitted to petition the High Court for any benefits under State Government rules or orders for sentence remission.
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