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2001 Supreme(AP) 953

Andhra Pradesh High Court
Judges : B.PRAKASH RAO, R.M.BAPAT
M.Lakshmi Devi - Appellant
Versus
Director General of Police, Hyderabad - Respondent
Decided On : 09-05-01

Headnote:

Criminal Procedure Code, 1973 - Section 482 – Conviction – Detention in jail - Both the detenus were in jail on remand for more than 8 years. They were given set off and further detention of the alleged detenus is illegal - Writ petitioner that the alleged detenus be released -It is submitted that her husband was firstly remanded in connection Police Station - He was in connection with this case for three years - Later he was arrested once again and was kept in connection with which was pending file of Assistant Sessions Judge at District - When he was in Police have shown him in connection with Police Station – Held, When an accused person has on conviction, been period of detention, if any, undergone by him during investigation, inquiry or trial of same case and before of such conviction shall be set-off against term of imprisonment imposed on him on such conviction and liability of such person to undergo imprisonment on such conviction shall be restricted to remainder if any of the term of imprisonment imposed on him - Petition dismissed

( 1 ) HIS writ petition is filed by one Smt. Lakshmi Devi wife of M. Venkatramana. The averments made in the writ petition are as under. That the petitioner is the wife of Venkatramana. The petitioner is also related to M. Veeraiah. Both of them are convicts. It is submitted that her husband Venkatramana was firstly remanded on 10-11-1987 in connection with PRC No. 19 of 1988 of Uppal Police Station. He was in jail in connection with this case for three years. Later on he was on bail until 31-3-1993. He was arrested once again and was kept in Nalgonda jail in connection with Sessins Case No. 315 of 1997 which was pending on the file of the Assistant Sessions Judge, Mirayalaguda at Nalgonda District. When he was in Nalgonda jail, the concerend Police have shown him in the year1998 as detenu in connection with PRC No. 19 of 1988 of Uppal Police Station. The Assistant Sessions Judge, Miryalaguda, acquitted the husband of the petitioner in S. C. No. 315 of 1997. Then he was transferred to Chenchalguda jail. After three years of remand he was in jail about two years and 9 months. The total remand period is about five years three months and after conviction in the cases the total period of 8 years he was in jail after computing the remand period.

( 2 ) IT is the further case of the petitioner that Mr. M. Veeraiah was firstly remanded on 31-3-1993 in connection with S. C. No. 315 of 1997 which was pending on the file of the Asistant Sessions Judge, Miryalaguda. Later on he was shown in the records as if he was arrested in connection with S. C. No. 314 of 2000 and S. C. No. 315 of 2000 which are pending on the file of the First Additional Assistant Sessions Judge, Rangareddy District. Later on he was shown in S. C. No. 462 of 2000. Thus, since 1993 till today he was in jail on remand for three years in connection with S. C. No. 314 of 2000 and S. C. No. 315 of 2000.

( 3 ) IT is further submitted by the petitioner herein that both the detenus were convicted in S. C. No. 314 of 2000, S. C. No. 315 of 2000 and S. C. No. 462 of 2000 under Section 395, IPC by the First Additional Assistant Sessions Judge, Rangareddy District by his order, dt. 21-3-2001 in S. C. No. 314 of 2000 two years of sentence was imposed and in other two cases three years of sentence were imposed. The sentence were made to run concurrently by giving set-off under Section 428, Cr. P. C.

( 4 ) IT is the further case of the petitioner that both the detenus were in jail on remand for more than 8 years. They were given set off and further detention of the alleged detenus is illegal. Therefore, it is prayed by the writ petitioner that the alleged detenus be released.

( 5 ) ON filing of the writ petition, notices were issued to the respondents herein. The 2nd respondent herein filed his counter. The counter was sworn in by one A. Siva Prasad, S/o. A. Pattabhiramaiah Superintendent, Central Prison, Chenchalguda. He has stated in the counter that M. Venkatramana, Convict No. 1280, was convicted on 21-3-2001 by the First Additional Assistant Sessions Judge, Rangareddy District in S. C. No. 314 of 2000 for an offence punishable under Section 395, IPC and was made to undergo R. I. for a period of three years. He was also convicted in S. C. No. 315 of 2000 under Section 395, IPC by the First Additional Assistant Sessions Judge, Rangareddy District and was sentenced to undergo R. I. for 2 years. Both the sentences were made to run concurrently. He further stated that as per the directions issued by the First Additional Assistant Sessions Judge, Rangareddy District he was in judicial custody since 5-12-1988 in Sessions Case Nos. 314 and 315 of 2000 where the convict was sentenced to undergo R. I. for a period of 3 years and 2 years respectively. He further stated that the remand period was furnished by the Court taking that fact into consideration, the convict completed the total sentence of 2 years 7 months and 25 days including the remand period. He has still to undergo the remai









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