Back
PANKAJ MITHAL, AHSANUDDIN AMANULLAH
Monu Jayrambhai Tajpariya (Devipujak) – Appellant
Versus
State of Gujarat – Respondent
ORDER :
1. Leave granted.
2. Heard learned counsel appearing for the appellant as well as learned counsel appearing for the State of Gujarat.
3. The challenge in this appeal is to the judgment and order of the High Court dated 03.05.2016.
4. The appellant was convicted for an offence punishable under Section 302 of the Indian Penal Code and was sentenced to undergo life imprisonment by the Trial Court.
5. The appellant preferred an appeal before the High Court which has been dismissed vide the order impugned but with the clarification that life imprisonment would mean imprisonment of 20 years and the accused No. 1 may be released after completion of imprisonment of 20 years.
6. Aggrieved by the aforesaid clarification so offered by the High Court that life imprisonment would be for 20 years and that the accused No. 1 may be released after completion of imprisonment of 20 years, the appellant has preferred this appeal.
7. The submission of learned counsel appearing for the appellant is that the life imprisonment awarded by the Trial Court was with the implied right to apply for remission, if the Rules so permit. The said right cannot be taken away while clarifying the sentence.
8. The other
Life imprisonment under Section 302 IPC retains the right to seek remission, even when clarified to a maximum of 20 years by the High Court.
The power to impose a modified punishment providing for any specific term of incarceration or till the end of the convict's life as an alternate to death penalty can be exercised only by the High Cou....
An accused sentenced to fixed term life imprisonment is entitled to release after serving the specified term without needing to apply for remission.
Point of law : Life convict - Remission policy as on the date of conviction of accused, educational qualifications, more particularly higher qualifications acquired by the life-convicts while serving....
Principles of natural justice must be adhered to when enhancing a sentence without notice to the appellants.
Life imprisonment entails incarceration for life unless remission is granted under Section 432 of Cr.P.C.; prisoners do not have an automatic right to release after a fixed term.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
