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Criminal LawDelhi High Court

Mohd Yunus vs. State NCT of Delhi & Anr.

Writ Petition (Criminal) · CNR No. DLHC010475842026Decided 1 Oct 2026New Delhi Bench
W.P.(CRL) 3116/2026CNR: DLHC010475842026
Justice Mini Pushkarna

Background

The petitioner was convicted under Section 376 IPC (rape) in FIR No. 115/2001 of P.S. Jahangir Puri, and sentenced to life imprisonment and a fine of Rs 50,000 on 19.02.2003, with two years' simple imprisonment in default of the fine. In February 2026 the Sentence Review Board, on the recommendation of its December 2025 meeting, remitted the unexpired term of sentence for 26 life convicts, including him. The jail authorities nonetheless kept him in custody to serve the default sentence, relying on Rule 1176 of the Delhi Prison Rules, 2018.

Decision Breakdown

The Court held that Rule 1176 applies only to prisoners who are in prison solely because they defaulted on a fine. The petitioner was a life convict, and once the Sentence Review Board had remitted his substantive sentence, the jail could not use the default sentence for the unpaid fine to keep him in custody. The detention was therefore not in accordance with law, and the Court directed his immediate release. A copy of the order was to be sent to the Jail Superintendent for compliance.

Lesson Learnt

When a prison rule is used to extend detention, its scope must be read carefully, and a remission of the main sentence can cover a default sentence attached to an unpaid fine. A person who has been released by a valid remission order cannot be held on a technicality.

Mohd Yunus vs. State NCT of Delhi & Anr. – Legal Case Shots | LegalAware