VidhiSangh

Supreme Court of India · 29/07/2025

SUKHDEV YADAV @ PEHALWAN versus STATE OF (NCT OF DELHI) & OTHERS

[2025] 7 S.C.R. 2012 · 2025 INSC 969

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Summary

A convict sentenced by the High Court, as affirmed by the Supreme Court, to 'life imprisonment which shall be 20 years of actual imprisonment without consideration of remission' completed twenty years on 09.03.2025; the State contended that he must still apply for remission of his life sentence to the Sentence Review Board. The Court held that such a fixed-term life sentence is complete on serving the term, that the convict is entitled to release without seeking remission, that his continued incarceration thereafter was illegal under Article 21, and directed that all convicts who have completed their jail term be released forthwith if not wanted in any other case.

Issues

  1. Whether a convict who has completed a life sentence fixed by a constitutional court at twenty years of actual imprisonment without remission is entitled to release on completion of that term, or must apply to the competent authority for remission of his life sentence.
  2. The distinction between remission of a sentence and release on completion of a sentence in the case of a fixed-term life sentence.

Provisions considered

Held

Result

Appeal disposed of. Appellant held to have completed his sentence on 09.03.2025 and entitled to release without applying for remission; he need not surrender after the furlough if not wanted in any other case. Registry to circulate the judgment to the Home Secretaries of all States and Union Territories to ascertain whether any convict remains in jail beyond the period of sentence and to direct release of such convicts if not wanted in any other case, and to the Member Secretary, NALSA, for onward transmission to State and District Legal Services Authorities for implementation.

Judgment PDF: Supreme Court of India, [2025] 7 S.C.R. 2012.