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'Concurrent' Life Imprisonments Can Be Imposed On Accused Convicted For Multiple Murders: Supreme Court

Ashok KM
20 Sep 2021 5:53 AM GMT
Concurrent Life Imprisonments Can Be Imposed On Accused Convicted For Multiple Murders: Supreme Court
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There is no bar in imposing concurrent life imprisonments on accused convicted for murder of more than one persons, the Supreme Court observed in a recent order.The court observed thus while considering a writ petition filed by a prisoner claiming his release for the reason that he has undergone more than 21 years of sentence including 16 years of actual sentence.In this case, the...

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There is no bar in imposing concurrent life imprisonments on accused convicted for murder of more than one persons, the Supreme Court observed in a recent order.

The court observed thus while considering a writ petition filed by a prisoner claiming his release for the reason that he has undergone more than 21 years of sentence including 16 years of actual sentence.

In this case, the remission policy applicable had a clause (5) which provided that life convicts who have been sentenced for one or more life imprisonment besides the life imprisonment and who have undergone 20 years sentence including the trial period, they will be released after completion of 26 years of sentence including the remission.

The petitioner was convicted for killing two persons and was awarded life imprisonment twice, one for each murder.

However, the contention raised by the petitioner was that only one life imprisonment could be granted in view of judgment in "Muthuramalingam & Ors. Vs. State Rep. by Inspector of Police, reported in (2016) 8 SCC 313". 

"In terms of the policy of sentencing, there cannot be consecutive life imprisonment one after the another. But the fact remains that for each of the death of the victim, the petitioner has been convicted for an offence under Section 302 IPC. It is not a case of imposition of life imprisonment consecutively. It is a case of imposition of concurrent life imprisonment. ", the bench of Justices Hemant Gupta and V. Ramasubramanian said.

Therefore, the court said that Clause (5) will be applicable to consider the premature release case of the petitioner as he has been sentenced for more than one life imprisonment for causing death of two persons. The Competent Authority has therefore rightly declined the case of remission on relying upon Clause (5), the court said.


Citation: LL 2021 SC 470

Case name: Mahavir vs. State of Madhya Pradesh

Case no.| Date: WP(Crl) 294/2021 | 13 September 2021

Coram: Justices Hemant Gupta and V. Ramasubramanian

Counsel: AOR Rishi Malhotra for petitioner, AOR Pashupati Nath Razdan for respondents


Click here to Read/Download Order


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