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 :
Leave granted.
Background Facts:
3.1 Being aggrieved by the said order dated 25.11.2024, the appellant has preferred this appeal.
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.
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 was upheld. During the pendency of the aforesaid appeals,
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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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The exercise of executive power of clemency is a duty vested in the Authority for the welfare of the people, and the case of premature release of a life convict is governed by the policy/guidelines o....
Rejection of life convicts' remission based on superseded notification illegal where offenses not prohibited under current prison manual; board must holistically assess reformation, jail conduct, reo....
Remission in sentence – Sentencing is a judicial exercise of power – Act thereafter of executing sentence awarded, however, is a purely executive function which includes grant of remission, commutati....
Remission applications must consider the convict's post-conviction behavior and rehabilitation potential, rather than solely the seriousness of the original offense.
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