An accused sentenced to fixed term life imprisonment is entitled to release after serving the specified term without needing to apply for remission.

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 the Delhi High Court in W.P. (Crl.) No.1682 of 2023 rejected the petition filed under Article 226 of the Constitution of India seeking release of the appellant on furlough for a period of three weeks considering the apprehension expressed by the complainant i.e. mother of the deceased victim and respondent No.3 herein.

3.1 Being aggrieved by the said order dated 25.11.2024, the appellant has preferred this appeal.

3.2 The relevant facts of the case are that on 17.02.2002, FIR No.192/2002 was registered at P.S. Kavi Nagar, District Ghaziabad, Uttar Pradesh under Section 364 /34 of the INDIAN PENAL CODE , 1860 (hereinafter, “IPC”) on the basis of a complaint filed by Smt. Nilam Katara i.e. complainant and mother of the deceased. On 28.05.2008, after completion of investigation and trial, his co-convicts - Vikas Yadav and Vishal Yadav - were convicted for commission of offences under Sections 302 , 364, 201 read with Section 34 of the IPC in SC No.78/2002 by the Additional Sessions Judge (01), New Delhi, (“Sessions Court”). Thereafter, they were sentenced to undergo life imprisonment as well as fine of Rs.1,00,000/- each under Section 302 of the IPC and in default of payment of fine, to undergo simple imprisonment for one year. They were sentenced to rigorous imprisonment for ten years and fine of Rs.50,000/- each for their conviction under Section 364 /34 IPC and in default of payment of fine, to undergo simple imprisonment of six months, and rigorous imprisonment for five years and fine of Rs.10,000/- each under Section 2 01 /34 IPC and in default of payment of fine, to undergo simple imprisonment for three months. All sentences were to run concurrently.

3.3 On 06.07.2011, the appellant herein was found guilty of commission of offences under Sections 302 , 364, 201 read with Section 34 of the IPC in SC No.76/2008 by the Sessions Court.

Subsequently, on 12.07.2011, the appellant was sentenced to undergo life imprisonment and fine of Rs.10,000/- for commission of the offence under Section 302 IPC and in default of payment of fine to undergo rigorous imprisonment for two years; rigorous imprisonment for seven years and fine of Rs.5,000/- for commission of the offence under Section 364 IPC, and in default of payment of fine, rigorous imprisonment for six months; rigorous imprisonment for three years and fine of Rs.5,000/- for his conviction under Section 201 IPC and in default of payment of fine, rigorous imprisonment for six months. All sentences were to run concurrently.

3.4 Aggrieved by their conviction, the co-convicts and the appellant herein preferred criminal appeals before the High Court of Delhi. By judgment dated 02.04.2014, the Criminal Appeal No.145/2012 preferred by the appellant herein was dismissed by the High Court of Delhi and his conviction w