Shivangi Prakash-
The Madras High Court declared that a life convict can “set off” from pre-conviction detention under Section 428 of the Code of Criminal Procedure.
According to the High Court, a life convict’s pre-conviction detention time served during the investigation, inquiry, or trial must be permitted to be deducted from the term of imprisonment imposed on him after his conviction.
The bench consisting of Justice M.M. Sundresh and Justice R. N. Manjula was hearing various habeas corpus petitions seeking the early release of life-sentenced inmates in accordance with a Madras government order dated February 1, 2018.
On February 1, 2018, the Madras government issued an order allowing life-sentenced offenders to be released early in honour of former Tamil Nadu Chief Minister Dr. M.G.Ramachandran’s 100th birthday. Only life convicts who have served at least 10 years of their sentence as of February 2, 2018, were eligible for the order’s concession.
As a result, the accused’s wife filed a petition at the High Court before a single judge bench, requesting that her husband’s name be added to the list of convicts entitled to early release under the aforementioned government decree.
The High Court, however, turned down such a request.
Following that, a habeas corpus petition was brought before a single-judge bench of the High Court, and the High Court granted the relief sought by the petitioner’s wife in a ruling dated November 15, 2019.
As a result, the Court dismissed the appeal, instructing the lower court to get reports from the Probation Officer and other prison officials in order to expedite the release of the concerned life convict.
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