Sukhdev Yadav @ Pehalwan vs State of (NCT of Delhi) & Others

Court

Supreme Court of India

Date

29 July 2025

Case No.

Criminal Appeal No. 3271 of 2025

Result

Disposed

Bench

B.V. Nagarathna, K.V. Viswanathan

Citation

[2025] 7 S.C.R. 2012 : 2025 INSC 969

Acts & Sections

IPC Constitution CrPC

Issue for consideration

Whether, an accused/convict who has completed his “life imprisonment for a fixed term” such as twenty years of actual sentence without remission, as in the instant case, is entitled to be released from prison on completion of such a sentence or in other words, whether 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”.

Headnote

Penal Code, 1860 – ss.53, 57 – “life imprisonment” – Constitution of India – Art.21 – An accused/convict having completed his “life imprisonment for a fixed term” such as twenty years of actual sentence without remission, as in the present case, if entitled to be released from prison on completion of such a sentence:

Held: Yes – In all cases where an accused/convict has completed his period of jail term, he is entitled to be released forthwith and not continued in imprisonment if not wanted in any other case as u/Art.21 no person shall be deprived of his life or personal liberty except according to procedure established by law – In the present case, the life imprisonment being twenty years of actual imprisonment was without consideration of remission – Soon after the period of twenty years is completed, the appellant has to be simply released from jail provided the other sentences run concurrently – Appellant is not under an obligation to make an application seeking remission of his sentence on completion of twenty years because he has completed his twenty years of actual imprisonment and in fact, during the period of twenty years, the appellant was not entitled to any remission – Thus, on completion of the twenty years’ of actual imprisonment, it is wholly unnecessary for the appellant to seek remission of his sentence on the premise that his sentence is a life imprisonment i.e. till the end of his natural life – The release of the appellant from jail does not depend upon further consideration as to whether he has to be released or not and as to whether remission has to be granted to him or not by the Sentence Review Board – The Sentence Review Board cannot sit in judgment over what was judicially determined as the sentence by the High Court which was affirmed by this Court – Code of Criminal Procedure, 1973 – ss.432, 433-A. [Paras 15.2, 15.4, 15.7] Directions by Supreme Court – Accused/convicts having completed their period of jail term, are entitled to be released forthwith and not continued in imprisonment if not wanted in any other case – A copy of this order to be circulated to all the Home Secretaries of the States/Union Territories to ascertain whether any accused/convict has remained in jail beyond the period of sentence and if so, to issue directions for release of such accused/convicts, if not wanted in any other case. [Paras 15.7, 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 remission, 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 F

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