Supreme Court of India

Gopal Vinayak Godse v. The State of Maharashtra and Others

Neutral citation

Reported as [1961] 3 S.C.R. 440

Bench P.B. Gajendragadkar J.

Decided 12 January 1961

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

9 Supreme Court benches have cited this judgment.

What the Court ordered

We hold that the peti tioner is under legal detention and the petition for habeas corpus is not maintainable.

Judgment, page 9

From the headnote

Habeas Corpus-Sentence-Transportation for life--:Imprisonc ment for life, if equivalent to any fixed term-Remissions, right to When can be taken into consideration-Indian Penal Code, r86o (XLV of r86o), s. 53A-Code of Criminal Procedure, r898 (V of 1898), s. 401. The petitioner was convicted in r949 and sentenced to trans portation 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:

Where later benches applied it

2020 Indu Bai & Ors. v. State of Telangana & Ors. relied on
2019 State of Rajasthan and Others v. Mukesh Sharma relied on
2008 Swamy Shraddananda @ Murali Manohar Mishra v. State of Karnataka followed
2025 Sukhdev Yadav @ Pehalwan v. State of (nct of Delhi) & Others referred to
2024 Bilkis Yakub Rasool v. Union of India & Others referred to
2023 Vikas Chaudhary v. The State of Delhi referred to
2016 State of Gujarat & Anr. v. Lal Singh @ Manjit Singh & Ors. referred to
2015 Union of India v. V. Sriharan @ Murugan & Ors. referred to
2009 Ramraj @ Nanhoo @ Bihnu v. State of Chhatiisgarh referred to

Of those, 2 relied on · 1 followed · 6 referred to

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