VidhiSangh

Supreme Court of India · 28/04/2023

THE STATE OF ANDHRA PRADESH & ANR versus VIJAYANAGARAM CHINNA REDDAPPA

[2023] 5 S.C.R. 485 · 2023 INSC 726

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Summary

A life convict who had twice escaped custody was granted special remission by the State but was kept in jail on the footing that his later one-year sentence for kidnapping would start running only after the remission. The Supreme Court held that Section 426(2)(b) CrPC, which postpones a new sentence until the escaped convict serves the unexpired part of his earlier sentence, cannot apply to a life convict because no part of a life sentence is technically 'unexpired'; the case falls under Section 427(2) CrPC, so the later sentence ran concurrently and the High Court was right to order his release.

Issues

  1. Whether, in the case of an escaped life convict later sentenced to a term of imprisonment, Section 426(2)(b) CrPC requires the subsequent sentence to take effect only after he has served the portion of his life sentence that remained unexpired at the time of his escape.
  2. Whether Section 427(2) CrPC governs the case so that the subsequent term sentence runs concurrently with the life sentence, making the convict's continued detention after the grant of remission illegal.

Provisions considered

Held

Result

Appeal by the State dismissed; High Court's habeas corpus order upheld; the detenu to be set at liberty forthwith. Pending applications disposed of.

Judgment PDF: Supreme Court of India, [2023] 5 S.C.R. 485.