Criminal Writ Petition No. 1494 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Writ Petition No. 1494 of 2010 Date of Decision: 14.1.2011. Joginder Singh ....Petitioner Versus State of Haryana & others ....Respondents CORAM: HON'BLE MR. JUSTICE NAWAB SINGH Present: Mr. V.K. Jindal, Advocate, for the petitioner. Mr. Dilag Singh, DAG, Haryana, for respondents-State. NAWAB SINGH.J (ORAL) Joginder Singh-petitioner is undergoing rigorous imprisonment for seven years in case bearing First Information Report No. 38 dated May 19th, 1996 under Sections 304-B and 498-A IPC, Police Station Adampur and is confined in Central Jail Hisar. He has already undergone actual sentence of 5 years, 3 months and 15 days as on September 6th, 2010 including his confinement during trial and 6 years 3 months and 17 days including remissions as mentioned in paragraph No.4 of the reply of the Superintendent Central Jail, Hisar. Grievance of the petitioner is that the Superintendent Central Jail has not calculated the remissions as per paragraph 645 of Punjab Jail Manual. For facilitation, paragraph 645 is reproduced as under:- “645 Total remission not to exceed one-fourth part of sentence.- The total remission awarded to a prisoner under all these rules shall not without the special sanction of the Local Government, exceed one-fourth part of his sentence: Provided ineEvery exceptional and suitable cases Criminal Writ Petition No. 1494 of 2010 2 the Inspector General of Prisons may grant remission amounting to not more than one third of the total sentence.” 2. A perusal of this paragraph shows that total remission awarded to a prisoner shall not exceed 1/4th part of sentence. 3. As per paragraph 7 of the reply, the Superintendent Jail has considered the period of sentence which the petitioner has undergone after his conviction and not the period of confinement during trial. 4. The solitary submission made by learned counsel for the petitioner is that the total sentence of the petitioner should be considered to be the period he has undergone during trial and after conviction and thereafter, he should be allowed remissions as per paragraph 645 of the Punjab Jail Manual. Section 428 of Code of Criminal Procedure envisages that the period of detention, if any, undergone by an accused during the investigation, inquiry or trial before the date of conviction, shall be set off against the term of imprisonment imposed upon him on such conviction, and the liability of such person to undergo imprisonment on such conviction shall be restricted to the remainder, if any, of the term of imprisonment imposed on him. Thus, Section 428 of the Code mandates that sentence includes the period undergone by an accused during the trial also. 5. In this view of the matter, the Superintendent Central Jail, Hisar is directed to re-consider the case of the petitioner in the light of the aforesaid observations of this Court. 6. Disposed of. 14.1.2011 (NAWAB SINGH) SN JUDGE