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2005 Supreme(SC) 1196

K.G.BALAKRISHNAN, B.N.SRIKRISHNA
Md. Munna – Appellant
Versus
Union Of India – Respondent


Judgment

K.G. Balakrishnan, J.—The petitioner in this writ petition under Article 32 of the Constitution had been found guilty of the offence of murder under Section 302 read with Section 34 IPC by the Sessions Court and had been undergoing sentence of imprisonment for life. His conviction and sentence was affirmed by the High Court and later confirmed by this Court. The petitioner alleges that he has already undergone more than 21 years imprisonment at the time of filing of the writ petition and contended that his further detention is illegal and that he is liable to be set at liberty forthwith, for which he seeks a writ of habeas corpus and prays for payment of compensation for his alleged illegal detention beyond the period of fourteen years.

2. According to the petitioner, the length of the duration of the imprisonment for life is equivalent to 20 years imprisonment and that too subject to further remission admissible under law. He contends that on completion of this term he was liable to be released under rule 751(c) of the West Bengal Jail Code. He relies on the Explanation to Section 61 of the West Bengal Correctional Services Act, 1992 (West Bengal Act XXXII of 1992) whereund














































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