CHENNAI: Holding that a convict prisoner serving the sentence of imprisonment is not in the custody of the court, the Madras High Court ruled that petitions seeking premature release or interim bail can be considered only by the state government and not by the high court.
A division bench of justices N Sathish Kumar and M Jothiraman made the ruling while dismissing a batch of petitions seeking interim bail and directions to grant premature release of convicts.
In the present cases on hand, the petitioners seek remission of sentence and premature release of the convict prisoners that has to be considered by the appropriate government by considering various factors, the bench said.
“As already held, when the sentencing part is already over and the court has ceased to have the custody of the accused/convict, bail or interim bail cannot be sought before this court,” the bench said in the order passed on Wednesday.
It held that the prisoners are entitled to seek suspension of sentence as per the Tamil Nadu Suspension of Sentence Rules, 1982. The government can grant temporary release for any period as they decide by invoking powers under Rule 40 of the Tamil Nadu Suspension of Sentence Rules.
Citing the Full Bench order in Yesu’s case, the bench noted that it has been clearly spelt it is the government which can exercise its discretionary power under Rule 40 for granting release.
The bench said “it is high time for the government to exercise such power in deserving cases to grant temporary release or suspension of sentence to convict prisoners”.It also held that the petitions seeking to invoke its jurisdiction under Article 226 of the Constitution, particularly when the matter is pending consideration before the government for premature release of convict prisoners, are not maintainable.
It directed the Registry not to number any writ petition/writ miscellaneous petition seeking interim bail or leave or extension of interim bail or leave by invoking the jurisdiction under Article 226 when the matter is pending before the government for premature release.
