Judgment

ORDER :- This Writ Petition has come up for further directions. Mr. U. P. Singh, on behalf of the State of Bihar, has pointed out that the Order made by us on 19th April, 1979* directing release of Sukhan Sah and Ganga Prasad, being under-trial prisoners detained in Bhagalpur Central Jail and mentioned in the list furnished by Mrs. Hingorani on 16th April, 1979, is not correct since on further scrutiny it is found that they do not fall within the category of undertrial prisoners who have been in jail for a period longer than the maximum term for which they could have been sentenced, if convicted. We, therefore, recall our Order directing release of Sukhan Sah and Ganga Prasad. Their cases will be considered by us again when the Writ Petition is taken up for final hearing on the reopening of the Court after the summer vacation.

* Reported in AIR 1979 SC 1377

2. Mrs. Hingorani has handed over to us a list of under-trial prisoners who are accused of multiple offences and who have already been in jail for the maximum term for which they could be sentenced on conviction, even if the sentences awarded to them were consecutive and not concurrent. Now ordinarily when a person is accu