433-A, it is made clear that when death sentence is commuted to make it life imprisonment, the period of actual imprisonment shall not be less than fourteen years in any case. This is a clear restriction put on the power of the State. The “State”, Respondents can prescribe the period for which a prisoner needs to be kept in prison for undergoing life imprisonment sentence. In this State, there are guidelines like Guidelines of 1978, 1992 and 2010 etc.. In those Guidelines, the State has created categories of prisoners convicted for different offences for undergoing life imprisonment sentence. When the time comes, the State considers the matter and places the prisoner in a particular category due to which the prisoner is required to undergo the imprisonment sentence for a particular period and the period is between 18 years and 26 years. This period includes remission period also. That is the power of the “State” and the Court is not expected to interfere in that power of the State. In view of the aforesaid provisions of the Code of Criminal Procedure, it can be said that in the present case also, the Petitioner will have to undergo actual imprisonment for minimum period of fourteen years and when he will be placed in a particular category by the State, the period for which he was behind bars as under trial prisoner needs to be calculated and he
