JAGDISH versus STATE OF MADHYA PRADESH

JAGDISH versus STATE OF MADHYA PRADESH

Inordinate and unexplained delay of more than 4 years by the State of Madhya Pradesh in forwarding the petition and almost 5 years in deciding the mercy petition, coupled with incarceration of almost 14 years, render execution of death sentence inappropriate. The sentence is commuted to life imprisonment for the entire remaining life of the petitioner, not to be released till his death.

Parties
Petitioner: Jagdish; Respondent: State of Madhya Pradesh
Jurisdiction
India
Judgment Date
21 February 2019
Procedural Posture
Review Petition (crl.) No.591 of 2014 in Criminal Appeal No.338 of 2007 With Writ Petition (crl.) No.197 of 2014 / Supreme Court Decision on Review and Writ Petition; Sentencing
Outcome
Review Petition and Writ Petition partly allowed
Legal Topics
Commutation of Death Sentence, Delay in Mercy Petition, Life Imprisonment, Rarest of Rare Doctrine, Sentencing
Criminal Law Commutation of Death Sentence Delay in Mercy Petition Life Imprisonment Rarest of Rare Doctrine Sentencing

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Parties

Jagdish

Petitioner

State of Madhya Pradesh

Respondent

Procedural Posture

Review Petition (crl.) No.591 of 2014 in Criminal Appeal No.338 of 2007 With Writ Petition (crl.) No.197 of 2014 / Supreme Court Decision on Review and Writ Petition; Sentencing

Legal Issues

  1. 1 Whether delay in deciding the mercy petition is sufficient to commute the death sentence to life imprisonment
  2. 2 Whether the sentence of death should be upheld in light of prolonged incarceration and delay

Ratio Decidendi

Inordinate and unexplained delay of more than 4 years by the State of Madhya Pradesh in forwarding the petition and almost 5 years in deciding the mercy petition, coupled with incarceration of almost 14 years, render execution of death sentence inappropriate. The sentence is commuted to life imprisonment for the entire remaining life of the petitioner, not to be released till his death.

Court Disposition

Review Petition and Writ Petition partly allowed

Orders

  • Death sentence of petitioner Jagdish commuted to life imprisonment for his entire remaining life; he shall not be released till his death.
  • Pending applications, if any, disposed of.