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Supreme Court of India 2019-01-22 allowed

State of Tamil Nadu & Ors vs P. Veera Bhaarathi

Bench: 3 — <UNKNOWN>, <UNKNOWN>, <UNKNOWN>

In Brief

A life-sentenced prisoner in Tamil Nadu was also convicted under Section 376 IPC (rape), an 'ineligible' offence under prison release rules. The question was whether he could be considered for early release once the 7-year rape sentence was completed. The High Court said yes; the State appealed. The Supreme Court held that being convicted of an ineligible offence does not bar a lifer from consideration for early release on the life sentence itself—only from release on the ineligible sentence. Interpretation otherwise would absurdly prevent lifters with concurrent minor convictions from ever being reviewed, while lifters with no ineligible conviction could be. The appeal was partly allowed: the respondent's case goes to the Advisory Board, but the Court voided the High Court's blanket direction reopening all such cases."

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["Criminal Procedure", "Prison Law", "Remission and Parole", "Life Sentence", "Early Release", "Advisory Board"],

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