B. V. NAGARATHNA, K. V. VISWANATHAN
Sukhdev Yadav @ Pehalwan – Appellant
Versus
State Of (NCT Of Delhi) – Respondent
| Table of Content |
|---|
| 1. question on entitlement of release after fixed term of life imprisonment. (Para 2 , 3) |
| 2. arguments presented regarding the denial of furlough and principles behind sentencing. (Para 6 , 7) |
| 3. discussion on the nature of life imprisonment and applications of sentencing terms. (Para 8 , 9 , 10 , 11 , 12) |
| 4. clarification that upon completing twenty years, release is mandatory without further implication. (Para 13 , 14) |
| 5. final decisions on release based on completion of fixed-term imprisonment. (Para 15 , 16) |
JUDGMENT :
NAGARATHNA, J.
Leave granted.
2. The salient question that arises in this appeal is, whether, an accused/convict who has completed his “life imprisonment for a fixed term” such as twenty years of actual sentence without ission, as in the instant case, is entitled to be released from prison on completion of such a sentence. In other words, on completion of the fixed term of sentence as aforesaid, should the accused/convict seek remission of his sentence of “life imprisonment” by making an application to the competent authority for seeking “reduction of his sentence”.
Background Facts:
3. By the impugned order dated 25.11.2024, the learned single Judge of th
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An accused sentenced to fixed term life imprisonment is entitled to release after serving the specified term without needing to apply for remission.
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.
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