https://www.taxtmi.com/caselaws?id=279269 Where a criminal matter is already before the Supreme Court, the Court's power to control the proceeding, including surrender, bail and suspension of sentence, prevails in that overlapping field. The Governor's clemency power under Article 161 is wide, but it cannot be used to suspend sentence for the same period when the case is sub judice before the Court; Order XXI, Rule 5 operates as the procedural basis for insisting on surrender unless the Court grants exemption. On that reasoning, the petitioner was not entitled to avoid surrender on the strength of a gubernatorial suspension order. A dissent took the view that Articles 161 and 142 operate in distinct fields and that the Governor's power remained available. en-us Mon, 05 Sep 1960 00:00:00 +0530 Tue, 12 May 2026 12:56:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=279269 Where a criminal matter is already before the Supreme Court, the Court's power to control the proceeding, including surrender, bail and suspension of sentence, prevails in that overlapping field. The Governor's clemency power under Article 161 is wide, but it cannot be used to suspend sentence for the same period when the case is sub judice before the Court; Order XXI, Rule 5 operates as the procedural basis for insisting on surrender unless the Court grants exemption. On that reasoning, the petitioner was not entitled to avoid surrender on the strength of a gubernatorial suspension order. A dissent took the view that Articles 161 and 142 operate in distinct fields and that the Governor's power remained available. Case-Laws Indian Laws Mon, 05 Sep 1960 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=279269