- (1.)THIS petition of prisoner Hemchand Jain under Article 226 of the Constitution is directed against the orders of the Superintendent of the Central Jail, Jabalpur, forfeiting certain periods of remission to be counted under the Rules issued by the state Government under the Prisons Act, 1894, and the Prisoners Act, 1900.
(2.)THE prisoner was sentenced to one year's rigorous imprisonment in a criminal case on 11-7-1953. He was on bail until 11-5-1954 and was committed to prison on 12-5-1954 on dismissal of his appeal. He was again released on bail on 24-51954 and was re-admitted to jail on 16-9-1955. Thereafter he was again released on bail on 20-1-1956 and was re-committed to prison on 16-5-1956. In this connection, it was not disputed before us that in the State Government's return the date 17-5-1956, is a mistake for 16-5-1956. Since 16-5-1956, the prisoner is serving sentence. The sentence would accordingly expire on 28-12-1956 and not on 29-12-1956 as stated by the State Government.
(3.)TILL the quarter ending December, 1955, the prisoner earned 12 days of remission at the rate of 4 days per month as provided by R. 148 of the Prisons rules. He earned 2 days of remission for the first fortnight of January 1956. For the second fortnight of May 1956 also, he is entitled to 2 days of remission which the State Government did not calculate on the assumption that as he was committed to prison on 17-5-1956, he had not completed imprisonment for the full fortnight. This remission, however, will have to be allowed as in fact he was committed to prison on 16-5-1956 which has to be counted towards the period of sentence served. In June 1956, he earned 4 days of remission. For the third quarter of 1956, he earned 12 days of remission. Besides these, he is entitled to ar. award of remission of 15 days which was granted to all the prisoners in honour of the Independence Day. The total period of remission earned by him upto 30-91956 thus comes to 47 days as against 45 days calculated by the State government.