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1973 Supreme(SC) 353

S.N.DWIVEDI, Y.V.CHANDRACHUD
Sambhaja Krishanji – Appellant
Versus
State Of Maharashtra – Respondent


Judgment

DWIVEDI, J.:- This petition for a writ in the nature of habeas corpus under Article 32 of the Constitution is entirely devoid of merits. Facts are these. The petitioner was tried by the Sessions Judge, Sholapur, for an offence under Section 302 I.P.C. in the Sessions Trial No. 34 of 1946. By the judgment dated November 23, 1946 he was convicted and sentenced to transportation for life. He filed an appeal in the High Court of Bombay. It was dismissed on December 2, 1946. He was admitted in the Yerwada prison on December 24, 1946. Therefrom he was released on furlough on April 24, 1949, but he did not surrender on the due date. He was arrested on August 31, 1949. Once again he was released on parole on December 23, 1950, and he repeated his earlier conduct. He became scarce. He was arrested on November 3, 1965 and sent to the Yerwada prison on November 4, 1965. He is now undergoing the unexpired portion of his sentence.

2. Against his continued detention he filed a writ petition under Art. 226 of the Constitution in the High Court of Bombay. It was dismissed on March 1, 1971. It seems that three points were advanced before the High Court on behalf of the petitioner. First, he





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