Sukhdev Yadav @ Pehalwan vs State (NCT of Delhi) 2025 INSC 969 - Sentencing - Fixed Term Life Imprisonment - Release
Whether, an accused/convict who has completed his “life imprisonment for a fixed term” such as twenty years of actual sentence without remission, is entitled to be released from prison on completion of such a sentence?
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Code of Criminal Procedure 1973- Sentencing - Whether, an accused/convict who has completed his “life imprisonment for a fixed term” such as twenty years of actual sentence without remission, is entitled to be released from prison on completion of such a sentence- On completion of the fixed term of sentenc, 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”? - SC held: Soon after the period of twenty years is completed, the convict has to be simply released from jail provided the other sentences run concurrently. The convict is not under an obligation to make an application seeking remission of his sentence on completion of twenty years.
Case Info
Case Name and Neutral Citation
- Case Name: Sukhdev Yadav @ Pehalwan v. State (NCT of Delhi) & Others
- Neutral Citation: 2025 INSC 969
Coram
- Justice B.V. Nagarathna
- Justice K.V. Viswanathan
Judgment Date
- Date: July 29, 2025
Caselaws and Citations Referred
The judgment refers to several important Supreme Court decisions:
- Gopal Vinayak Godse v. State of Maharashtra, AIR 1961 SC 600
- Ashok Kumar alias Golu v. Union of India, AIR 1991 SC 1792
- Saibanna v. State of Karnataka, (2005) 4 SCC 165
- Swamy Shraddananda (2) v. State of Karnataka, (2008) 13 SCC 767
- Mohinder Singh v. State of Punjab, (2013) 3 SCC 294
- Yakub Abdul Razak Memon v. State of Maharashtra, (2013) 13 SCC 1
- Machhi Singh v. State of Punjab, (1983) 3 SCC 470
- Bachan Singh v. State of Punjab, (1980) 2 SCC 684
- Subash Chander v. Krishan Lal, (2001) 4 SCC 458
- Shri Bhagwan v. State of Rajasthan, (2001) 6 SCC 296
- Prakash Dhawal Khairnar (Patil) v. State of Maharashtra, (2002) 2 SCC 35
- Ram Anup Singh v. State of Bihar, (2002) 6 SCC 686
- Mohd. Munna v. Union of India, (2005) 7 SCC 417
- Jayawant Dattatraya Suryarao v. State of Maharashtra, (2001) 10 SCC 109
- Nazir Khan v. State of Delhi, (2003) 8 SCC 461
- Union of India v. V. Sriharan, (2016) 7 SCC 1
- Sangeet v. State of Haryana, (2013) 2 SCC 452
- Shiva Kumar v. State of Karnataka, (2023) 9 SCC 817
- Navas alias Mulanavas v. State of Kerala, 2024 SCC OnLine SC 315
- State (NCT of Delhi) v. Prem Raj, (2003) 7 SCC 121
- Sarat Chandra Rabha v. Khagendranath Nath, AIR 1961 SC 334
- State of Haryana v. Mahender Singh, (2007) 13 SCC 606
- Satish v. State of U.P., (2021) 14 SCC 580
- Maru Ram v. Union of India, (1981) 1 SCC 107
- State of Mysore v. H. Srinivasmurthy, (1976) 1 SCC 817
- Bhola Kumar v. State of Chhattisgarh, 2022 SCC OnLine SC 837
- Gopal Singh v. State of Uttarakhand, (2013) 7 SCC 545
- State of Haryana v. Mohinder Singh, (2000) 3 SCC 394
- Poonam Lata v. M.L. Wadhawan, (1987) 3 SCC 347
Statutes / Laws Referred
- Indian Penal Code, 1860 (IPC)
- Section 53 (Punishments)
- Section 57 (Fractions of terms of punishment)
- Section 302/34, Section 364/34, Section 201/34
- Section 45 (Definition of “life”)
- Code of Criminal Procedure, 1973 (CrPC)
- Section 432 (Power to suspend or remit sentences)
- Section 433 (Power to commute sentence)
- Section 433-A (Restriction on powers of remission or commutation in certain cases)
- Section 428 (Set off period of detention)
- Section 360 (Release on probation)
- Section 5 (Saving clause)
- Constitution of India
- Article 21 (Protection of life and personal liberty)
- Article 72 (Power of President to grant pardons, etc.)
- Article 161 (Power of Governor to grant pardons, etc.)
- Article 226 (Power of High Courts to issue certain writs)
- Articles 20 and 19(d) (Referenced in context)
- Prisons Act, 1894
- Delhi Prison Rules, 2018 (Rule 1223)
- U.P. Prisoners Release on Probation Act, 1938
