MADURAI: Prison term undergone by a convict at the stage of investigation or trial should be counted as part of the sentence imposed on him even if it was not mentioned specifically in the judgement, the Madras High Court has ruled.
A Division Bench comprising Justice D. Murugesan and Justice M. Sathyanarayanan passed the ruling while disposing of a habeas corpus petition filed in the Madurai Bench by the aged mother of a convict languishing in Palayamkottai central prison.
The Judges said that the statement of objects and reasons for Section 428 of the Criminal Procedure Code gave a convict the right to reckon the period of his imprisonment from the date he was in jail as an undertrial.
The petitioner said that her son was originally sentenced to life by a Fast Track Court here in 2002. On appeal, the High Court commuted it to just seven years of rigorous imprisonment.
However, there was no mention about calculating the prison term already undergone by him and hence, there were hurdles in releasing him.
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