SC directs forthwith release of life convict in custody for almost 22 years

New Delhi, Oct 7 (PTI) The Supreme Court on Tuesday directed the immediate release of a life convict, who has been in custody for almost 22 years in connection with a murder case.

A bench of Chief Justice of India (CJI) B R Gavai and Justice K Vinod Chandran delivered the verdict on an appeal filed by the convict, who had challenged an order of the Bombay High Court.

The bench said the appellant was seeking pre-mature release after two decades of incarceration.

It noted that the appellant had approached the State for the remission of his life sentence, upon which the government procured a report from the court that had convicted him initially.

It noted that based on the opinion of the additional sessions judge, the government directed his release after 24 years.

The appellant told the court that he ought to have been released after 22 years.

The bench perused the 2010 guidelines framed by the government for considering remission.

The appellant contended that his case would fall under clause 3(b), which refers to a murder, committed with premeditation individually or by a gang, to uphold family prestige.

The bench noted that the appellant, along with another accused, had attacked the deceased and one of his friends.

"The attack was a premeditated one, on the motive as projected by the prosecution, that the deceased was in love with the appellant's sister, whose life was being spoiled by the love affair," it noted.

"Hence, obviously the crime is one to uphold the family prestige, which in the given circumstances could mean the perceived tarnishing of the family's name, though not condonable, the appellant has a valid case for remission after almost 22 years of incarceration," the bench said.

It said the appellant has now been in custody for just three months short of 22 years.

"We are also of the opinion that three months more in jail would make no difference; neither added solace to the family of the victim nor extra remorse to the accused, and we hence direct the release of the appellant forthwith, especially noticing the fact that the appellant was just past 18 years on the date of the crime," the bench said while allowing the appeal. PTI ABA RC