Lakhan Bhaiya case: Convicted cops to seek four days to surrender..

“It was our decision to suspend their conviction. The govern ment has no reason to change its stand,” said Dr Vijay Satbir Singh, principal secretary home (appeals and security).

“We will file a criminal application before the HC seeking four more days for surrender on Monday,” said a source, who did not wish to be named, adding senior advocate KTS Tulsi may appear before the HC for the police.

While section 432 empowers the government to suspend commute or remit sentences handed down to convicts of any crime, section 433 (a) curtails this power in case of people convicted for offences attracting a death sentence, but still sentenced to life and those who have not served a prison term of 14 years.

“Prima facie, we are of the view that section 433(a) of the Criminal Procedure Code, 1973 places an embargo on exercise of powers under section 432 of the code,” a division bench of justice Ranjit More and justice VL Achliya had said while hear ing a petition filed by advocate Ramprasad Gupta, brother of the slain gangster.

“Otherwise, it would be very easy for life convicts to approach the government and get their sentences suspended if the high court rejected their bail pleas during the pendency of appeals. The provision of section 432 appears to enable the state to release prisoners who are old, terminally ill suffering from prolonged ill nesses.”