The time served in jailed will be excluded from the total sentence as long as any convict will remain in jail from the day he/she was arrested until the verdict is announced.
The Appellate Division of the Supreme Court has passed an order that the law will be applicable to every case.
The virtual Appellate Division bench led by the Chief Justice Syed Mahmud Hossain passed the order on Monday (November 1).
The court also asked the Home Ministry to take steps in this context.
Deputy Attorney General Biswajit Debnath confirmed the matter.
He said, “The lower court sentenced one Younus Ali to death penalty in a case. Later, the High Court commuted the death sentence to life term imprisonment. Younus Ali’s lawyer told the Appellate Division that the convict has already served 26 years in jail. According to the Section 35 (a) of the existing CRPC, as long as the accused will be in detention; the time of detention will be dropped from the original sentence. But the section 35 (a) was not mentioned in the verdict of Yunus Ali. Later the High Court mentioned in the verdict of Ataur Rahman Mridha case that the accused will get the opportunity under section 35 (a).
The Appellate Division said in this regard that detention period will be waived from the time of original imprisonment. The court also ordered the release of accused Younus Ali, adding that he would be released if his life sentence ended.
