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Supreme Court of India 2025-08-12 allowed

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

Bench: 2 — B.V. Nagarathna, K.V. Viswanathan

In Brief

A man convicted of murder was sentenced to life imprisonment fixed at 20 years without remission. After completing those 20 years in prison on 9 March 2025, he sought release. The State argued he must apply for remission of his underlying life sentence before being released. The Supreme Court held that when a court imposes a fixed-term life sentence without remission, the convict has a right to be released immediately upon completing that term without needing to apply for remission. Detaining him beyond the judicial sentence period violates the Constitution. The Court clarified the distinction between remission (executive reduction of an indeterminate sentence) and release on completion of a fixed-term judicial sentence.

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Criminal Law Sentencing Life Imprisonment Remission Constitutional Rights Article 21 Executive Power Prisoner Rights

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