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2026 DAILYLAW 16046 (DEL)

JAGAT v. STATE NCT OF DELHI

W.P.(CRL)/532/2026 · 2026-08-14

Purushaindra Kumar Kaurav

Writ Petition (Criminal)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~54 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010054022026 + W.P.(CRL) 532/2026 JAGAT .....Petitioner Through: Mr. M.P. Singh, Adv. versus STATE NCT OF DELHI .....Respondent Through: Mr. Yasir Rauf Ansari, ASC for the State with with Mr. Alok Sharma & Ms. Pavitra Dixit, Advocates along with SI Meenakshi. CORAM: HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV O R D E R % 14.08.2026 1. Present petition has been filed seeking the following reliefs: “Allow the Present Petition and issue the writ in the nature of mandamus directing the respondent to grant under-trial remission to the present petitioner as approved by the Lt. Government of NCT of Delhi vide notification No. F.18/26/2022-HOME (G)/2672/2680 Dated 23.09.2022.” 2. Pursuant to the order dated 13.02.2026, State has filed the status report wherein paragraphs 5 to 9 are extracted as under: “5. According to Amended Rule 1178A of Delhi Prison Rule 2022: "Any convict, eligible for ordinary remission, will be eligible for award of remission for the good conduct during his period of incarceration as under-trial prisoner [UTP] also, in the case in which he is convicted, based on his Annual Good Conduct Report for that period. The Annual Good Conduct Report for a year during the under-trial period will earn one month remission, once the concerned UTP is, convicted". This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/08/2026 at 11:58:18 6. However/the Rule 1184 of Delhi Prison Rules has provided as "Maximum limit of ordinary and Annual Good Conduct Remission, which a prisoner can earn, should not be more than one fourth of a substantive sentence [to be calculated from the date of his conviction). The remission granted by the Government, shall be in addition to the ordinary and special remissions, which the prisoner has earned." 7. In this matter convict Jagat S/o Sh. Jagdev, annual good conduct remission during the under-trial period is also counted within the ceiling of ¼ of the substantive sentence. Therefore, the total remission (ordinary and annual good conduct remission) in r/o Convict Jagat S/o Sh. Jagdev cannot be exceed from the ¼ of the substantive sentence calculated from the date of sentence. 8. That the period for which the Convict Jagat has undergone custody from the date of sentence is 02 years, 02 months & 12 days [till 17.04.2026]. Accordingly, the convict is liable to earn remission of 06 months and 17 days in addition to the remission earned as under-trial i.e. 06 months, which make total remission for a period of 01 year 00 month and 17 days. 9. However, due to the said ceiling as described under Rule 1184 of Delhi Prisons Rule, 2018 the permissible remission which can be granted to the convict is 06 months & 17 days. And the benefit of the same has been given to the convict is accordance with Delhi Prisons Rule, 2018. Detail of remission earned by convict Jagat S/o Sh. Jagdev is as under:- Period From To Years Months Days Under- trial 14.03.2017 05.02.2024 06 10 22 Convict 06.02.2024 17.04.2026 02 02 12 Remission earned as Under-Trial 06 months Total remission earned 01 year 00 month & 17 days Total permissible remission 06 months & 17 days 3. The grievance of the petitioners stands mitigated. 4. In view of above, the petition stands disposed of. PURUSHAINDRA KUMAR KAURAV, J AUGUST 14, 2026/ab This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/08/2026 at 11:58:18