- (1.) Pending disposal of the appeal filed against their convictions under S. 147/148 and 302 read with S. 149 or 34 IPC, the appellants seek remission of sentence and release in terms of G. O. /ms No. 580/home (Prisons C) Department dated 20/10/1984 of the andhra Pradesh government.
(2.) In view of the limited question for consideration by us, the re is no need to set out the provisions of the GO or the manner of their interpretation. Suffice it to say that the GO has been issued by the government for granting remission to certain categories of prisoners "to commemorate the occasion of the anniversary of the formation of the andhra Pradesh State on 1/11/1984 and the restoration of democratic rule in the State".
(3.) In a brief affidavit in reply filed by the State, it has been stated in para 4 as follows: "It is respectfully submitted that the said GO is not applicable after 1/11/1984 and further the remission can only be granted to the prisoners who are actually in jail at the time of issuance of the said GO. the appellants herein were on bail by virtue of the order of this Hon'ble court. Since the y were not in jail at the time of issuance of the above GO they cannot claim to be released by applying this GO to them. ";