Case Note & Summary
The petitioner, Mahendra s/o Patiraj Yadav, a convict lodged in Open Prison, Paithan, filed a Criminal Writ Petition under Article 226 of the Constitution of India seeking directions to the respondents (State of Maharashtra and prison authorities) to release him on the ground that he had undergone actual imprisonment for more than 18 years. The petition was heard on 9th December 2016, and the Court reserved judgment. The respondents filed a reply through Shri Rajkumar s/o Keshavrao Sali. The Court examined the provisions of the Maharashtra Prison Rules regarding remission of sentence. The petitioner had been sentenced to life imprisonment and had completed the actual imprisonment period of 18 years. The Court considered the remission periods earned by the petitioner and computed the total sentence. The Court held that the petitioner had undergone the requisite period of imprisonment including remission and was entitled to be released. The Court directed the respondents to release the petitioner forthwith. The judgment was pronounced on 2nd February 2017 by a Division Bench comprising S.S. Shinde and K.K. Sonawane, JJ.
Headnote
A) Prison Law - Premature Release - Remission of Sentence - Maharashtra Prison Rules - The petitioner, a convict sentenced to life imprisonment, sought release on the ground that he had undergone actual imprisonment of more than 18 years. The Court examined the computation of sentence including remission periods and held that the petitioner had completed the requisite period of imprisonment including remission and was entitled to be released. (Paras 1-10) B) Constitutional Law - Writ Jurisdiction - Article 226 of the Constitution of India - The High Court exercised its writ jurisdiction to direct the respondents to release the petitioner, as the continued detention was found to be illegal after the petitioner had undergone the required sentence including remission. (Paras 1-10)
Issue of Consideration
Whether the petitioner, who has undergone actual imprisonment of more than 18 years, is entitled to be released on the ground that he has completed the requisite period of imprisonment including remission?
Final Decision
The Court directed the respondents to release the petitioner forthwith as he had undergone the requisite period of imprisonment including remission.
Law Points
- Remission of sentence
- actual imprisonment
- premature release
- Maharashtra Prison Rules
- Article 226 of the Constitution of India
