ARJUN JADAV versus STATE OF WEST BENGAL & ORS.

ARJUN JADAV versus STATE OF WEST BENGAL & ORS.

A person sentenced to life imprisonment must serve imprisonment for the remainder of his natural life unless the sentence is commuted or remitted by competent authority; Section 57 IPC and explanations to state statutes do not entitle automatic release after 20 years; therefore, the petitioner is not entitled to release under Article 32 without order of remission.

Parties
Petitioner: Arjun Jadav; Respondent: State of West Bengal & Ors.
Jurisdiction
India
Judgment Date
02 July 2014
Procedural Posture
Writ Petition (criminal) Under Article 32 / Final Decision; Writ Petition Dismissed
Outcome
Writ petition dismissed
Legal Topics
Sentencing, Life Imprisonment, Remission, Habeas Corpus
Criminal Law Constitutional Law Sentencing Life Imprisonment Remission Habeas Corpus

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Parties

Arjun Jadav

Petitioner

State of West Bengal & Ors.

Respondent

Procedural Posture

Writ Petition (criminal) Under Article 32 / Final Decision; Writ Petition Dismissed

Legal Issues

  1. 1 Whether life imprisonment is equivalent to a definite term (such as 20 years or 14 years) for purposes of release/remission
  2. 2 Whether the petitioner's continued detention is unlawful after completion of 20 years including remission
  3. 3 Whether the petitioner is entitled to release upon completion of a specific term under the West Bengal Jail Code or Correctional Services Act

Ratio Decidendi

A person sentenced to life imprisonment must serve imprisonment for the remainder of his natural life unless the sentence is commuted or remitted by competent authority; Section 57 IPC and explanations to state statutes do not entitle automatic release after 20 years; therefore, the petitioner is not entitled to release under Article 32 without order of remission.

Court Disposition

Writ petition dismissed

Orders

  • Previous bail order dated 7.01.2005 vacated; respondents may take petitioner into custody
  • If remission application is filed, competent authority to place before Review Board for reconsideration in accordance with law