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GOPAL VINAYAK GODSE vs. THE STATE OF MAHARASHTRA AND OTHERS

SCR Citation: [1961] 3 S.C.R. 440
Year/Volume: 1961/ Volume 3
Date of Judgment: 12 January 1961
Petitioner: GOPAL VINAYAK GODSE
Disposal Nature: Petition Dismissed
Neutral Citation: 1961 INSC 6
Judgment Delivered by: Hon'ble Mr. Justice K. Subba Rao
Respondent: THE STATE OF MAHARASHTRA AND OTHERS
Case Type: WRIT PETITION(CRIMINAL) /305/1961
Order/Judgment: Judgment
1. Headnote

Habeas Corpus-Sentence-Transportation for life--Imprisonment for life, if equivalent to any fixed term-Remissions, right to- When can be taken into consideration-Indian Penal Code, 1860 (XLV of 1860), s. 53A-Code of Criminal Procedure, 1898 (V of 1898), s. 401. 

The petitioner was convicted in 1949 and sentenced to transportation for life. He earned remission of 2963 days and adding this to the term of imprisonment actually served by the petitioner the aggregate exceeded 20 years. The petitioner contended that his further detention in jail was illegal and prayed for being set at liberty: 

2. Case referred
3. Act
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4. Keyword
  • Habeas Corpus
  • Sentence
  • Transportation for life