Bench: P. Sathasivamand Jagdish Singh Khehar The Apex court on Wednesday set strong precedent in Life Convict Bengal @Khoka @Prasanta Sen v. B.K. Srivastava and Ors in Contempt Petition (C) No. 363 of 2011 in Writ Petition (Crl.) of 279 of 2004 in relation to release of the prisoner on completion of 20 years of imprisonment. The Apex court held that once the person is sentenced to undergo life imprisonment then the person shall undergo this imprisonment for the whole of his remaining life until his life sentence is commuted by competent authorityas under Criminal Procedure Code or any other provision of Law. The court observed that remission of sentence or any part of it lies within the exclusive domain of the appropriate government by virtue of section 401 of Code of Criminal Procedure Code, 1973 and held that neither Section 57 of the Indian Penal Codenot the explanation to Section 61 of the W.B. Act or any other local law states that prisoner undergoing the life imprisonment shall be released after completion of 20 years. The court further observed relying on various judgments of Supreme Court that there is no provision in either the Indian penal code or the criminal procedure code whereby the life imprisonment is for the period of 14 years or 20 years and observed that the definite period under this section is only for the purpose of granting remission by the government under appropriate provisions of the Law. The Supreme Court of India dismissed the contempt petition of the Petitioner. The Petitioner had filed this petition against the respondent for not complying with the order passed by this court and contended that that respondents had failed to release the Petitioner in accordance to the Statue. The Court in order dated 24.11.2010 had directed the State government to consider the claim of the life convict and proceed to conclude sentence for the purpose of remission as per the state policy and pass appropriate orders as the case may be. The Petitioner had filed this petition in response to the failure on the part of the State Government to release him after the completion of the 20 year period. The Petitioner contended in the contempt petition that he had undergone the full sentence of 20 years with remission and hence was entitled to be released. The respondents on other hand submitted that incounter-affidavit that there is duly constituted Review Board formed for the consideration of the application of premature release for life convicts under criminal procedure code and the review Board in the present case on considering the opposition of the police department on the grounds of (the convict is notorious criminal in the area before the conviction, convict maintains relationship with the his associates, he is within 52 years of age and of sound health, his socio-economic conditions are not very sound, in case of premature release, there is every possibility of convict reverting back to criminal activities, there is every possibility of the convict committing further crimes as during the parole the convict was serving the life imprisonment and thereby was bound to refrain from criminal activities.) found no reason to recommend the premature release of the convict on parole and the same ware placed before the State Government who also accepted the recommendation of the Review Board. The Court relying on the decision of the state government and principles of law as mentioned above dismissed the contempt petition and hence it can be concluded that person sentenced to life is imprisoned for the entire remaining life until his sentence is remitted by the government or State under the applicable provisions of Law.
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