JAI PRAKASH AND ORS. versus STATE OF HARYANA & ORS.
A prisoner is not eligible for remission for the period he is on bail or his sentence is suspended. Remissions purportedly earned during bail cannot be reckoned when considering total sentence undergone; to get benefit of special remission, the prisoner must have been in confinement at the relevant date and must have surrendered voluntarily after bail expiry.
- Parties
- Petitioner: Jai Prakash; Respondent: State of Haryana
- Jurisdiction
- India
- Judgment Date
- 27 August 1987
- Procedural Posture
- Writ Petition (criminal) No. 669 of 1986 / Supreme Court Decision on Merits (final Disposition)
- Outcome
- Writ petition dismissed
- Legal Topics
- Remission During Bail, Punjab Jail Manual Para 637, Interpretation of Remission Rules
Case Brief
Summary, issues, holding and outcome
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Parties
Jai Prakash
Petitioner
State of Haryana
Respondent
Procedural Posture
Writ Petition (criminal) No. 669 of 1986 / Supreme Court Decision on Merits (final Disposition)
Legal Issues
- 1 Whether a prisoner is eligible for remission of sentence during the period he is on bail or his sentence is temporarily suspended
- 2 Whether remissions given during bail can be counted towards premature release
Ratio Decidendi
A prisoner is not eligible for remission for the period he is on bail or his sentence is suspended. Remissions purportedly earned during bail cannot be reckoned when considering total sentence undergone; to get benefit of special remission, the prisoner must have been in confinement at the relevant date and must have surrendered voluntarily after bail expiry.
Court Disposition
Writ petition dismissed
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