Case Note & Summary
The case involved a writ petition filed by the petitioner who had been sentenced to life imprisonment by the Allahabad High Court on 7.5.1984. The petitioner was released on remission granted by the Governor of Uttar Pradesh on 26.1.2000, following orders dated 12.1.2000 and 25.1.2000. However, the remission orders were set aside by a Division Bench of the Allahabad High Court on 27.9.2001, leading to the re-arrest of the petitioner. The petitioner contended that he had completed 14 years of imprisonment as of 26.1.2000 and sought his release. The respondents confirmed this position. The court noted that it had previously ordered the release of individuals in similar circumstances. Consequently, the court directed the immediate release of the petitioner from custody, provided he was not required in any other case.
Headnote
A) Criminal Law - Remission and Release - Entitlement to Release After Completion of Sentence - Not mentioned - The petitioner completed 14 years of imprisonment and sought release based on prior remission orders which were later set aside. The court directed the release of the petitioner as he had served the requisite period of imprisonment, confirming that similar cases had been previously addressed by the court. Held that the petitioner should be released if not required in any other case (Paras Not mentioned).
Issue of Consideration
Whether the petitioner is entitled to be released after completing 14 years of imprisonment.
Final Decision
The court directed the immediate release of the petitioner from custody as he had completed 14 years of imprisonment, unless required in any other case.
Law Points
- Remission
- Life Imprisonment
- Re-arrest
- Custody Release
