Pre-conviction detention period can’t be counted for sentence remission, rules Kerala high court

Kochi: Kerala high court has held that the period of detention undergone by a prisoner prior to conviction cannot be counted for sentence remission.
Justice Kauser Edappagath issued the ruling in a petition filed by P A Shyna, wife of Roopesh, who is serving a sentence at the Central Prison, Viyyur, following his conviction in a Maoist case. Roopesh was arrested on July 9, 2015, in a case registered at Vellamunda police station, Wayanad, and later investigated by the NIA. The NIA special court in Ernakulam sentenced him to various terms of imprisonment and fines, granting him a set-off for the period from July 9, 2015 to April 12, 2024, the date of his conviction. The highest sentence awarded was 10 years, with the direction that all substantive sentences run concurrently.
As per the Kerala Prisons Rules, remission is to be granted at the rate of two days per month for thoroughly good conduct and strict adherence to jail regulations and an additional two days per month for diligence and proper performance of assigned tasks. Shyna argued that the set-off period of 8 years, 9 months, and 3 days should be counted for remission under Section 72 of the Kerala Prisons and Correctional Services (Management) Act 2010. The trial court had allowed her plea and directed prison authorities to consider the set-off period while calculating remission. However, prison authorities denied this, prompting her to approach high court.
High court held that while the set-off period is to be deducted from the sentence under Section 428 CrPC, it cannot be taken into account for remission. The court referred to Rule 380 of the Kerala Prisons Rules, which states that remission under Rule 376 shall be granted from the first day of the calendar month following conviction. As Roopesh was convicted in April 2024, the court clarified that he is eligible for remission only from May 2024.