Madras HC: Premature Prison Release Outside Court's Jurisdiction, Only Govt Can Decide

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In a recent ruling, the Madras High Court has clarified that prisoners serving sentences are not in court custody, and thus cannot seek bail or interim bail. The court emphasized that premature release decisions are solely within the government's discretion, citing Article 226 of the Constitution of India. A division bench of Justices N Satish Kumar and M Jothiraman dismissed a batch of petitions from 13 individuals seeking the release of their relatives on interim bail while their premature release petitions were pending with the government. The court pointed out that once a convict has completed their sentencing, the court no longer has custody over them. Therefore, any requests for bail or interim bail are not applicable. The bench also suggested that the government could consider exercising its discretionary power under the Suspension of Sentence Rules to grant temporary release or suspension of sentence for deserving cases, rather than relying on court-issued interim bail. The court ultimately ruled that petitions seeking interim bail or leave before the court are not maintainable, especially when the matter is already pending with the government for premature release consideration. This ruling highlights the distinction between the court's and government's roles in handling premature release cases, underscoring the importance of government discretion in such matters.