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IN THE HIGH COURT OF KERALA AT ERNAKULAM
KAUSER EDAPPAGATH, J.
Shyna – Appellant
Versus
State Of Kerala, Represented By The Chief Secretary – Respondent
JUDGMENT :
The petitioner is the wife of Mr. Roopesh, a convict, who has been undergoing sentence in Central Prison, Viyyur, from 12.04.2024 onwards.
2. The convict was the 1st accused in S.C.No. 3 of 2016 of the Special Court for the trial of NIA Cases, Ernakulam (for short, the trial court), which arose out of Crime No.142 of 2014 of Vellamunda Police Station. He was formally arrested in Crime No. 142 of 2014 on 09.07.2015 while he was undergoing judicial custody in another crime. After his formal arrest on 09.07.2015, he was undergoing pre-trial detention till he was sentenced in S.C.No. 3 of 2016 on 12.04.2024.
3. The convict faced trial for the offences punishable under Sections 120B, 124A, 143, 147, 148, 149, 427, 435, 452 and 506(ii) of IPC, Section 25 of the Arms Act, 1959 and Sections 10, 13, 16, 20, 38 and 39 of the Unlawful Activities (Prevention) Act, 1967. After trial, the trial Court convicted him for the offences punishable under Sections 120B, 143, 147, 148, 149, 427, 435, 452 and 506 (ii) of IPC, and Sections 16, 18, 20, 38 and 39 of Unlawful Activities (Prevention) Act, 1967. He was sentenced to various terms of imprisonment and fine with default sentences as per the
The set-off period prior to conviction cannot be counted for remission under the Kerala Prisons Act, as only the period post-conviction qualifies for remission eligibility.
Set-off under Section 428 Cr.PC must account for under-trial periods regardless of prior court omission.
The main legal point established in the judgment is that the pre-conviction period of detention, even if in the nature of 'simple imprisonment', is liable to be set-off against a sentence of 'rigorou....
Mandatory set-off under Section 428 Cr.PC for under-trial detention against life imprisonment, even if not expressly granted by trial court.
A convicted prisoner cannot claim set-off for remand periods in subsequent cases while serving a sentence.
The entitlement of set off for concurrent sentences and the period of detention undergone by the convict during investigation, enquiry, or trial of the same case.
Life convict entitled to set-off of pre-trial remand period under S.428 Cr.P.C. against life sentence.
Life imprisonment entails incarceration for life unless remission is granted under Section 432 of Cr.P.C.; prisoners do not have an automatic right to release after a fixed term.
The main legal point established in the judgment is that the petitioner was entitled to claim remission under Section 432 of the Code of Criminal Procedure, and that the provisions of the Jail Manual....
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