Back
2000 Supreme(AP) 548
Andhra Pradesh High Court
Judges : N.Y.HANUMANTHAPPA, R.M.BAPAT
Bandi Prakash - Appellant
Versus
Superintendent, Central Prison, Chenchalguda, Hyderabad - Respondent
Decided On : 07-28-00
Headnote:
Constitution of India,1950 - Article 226 – Indian Panel Code - Sections 324 and 427 – Convict - Petitioner has filed present writ petition invoking jurisdiction of this court with following averments That is a life convict undergoing sentence of life imprisonment - Central Prison as convict convicted him for life in Sessions case - It further case of petitioner that there has been several instances of granting remission to prisoners on important occasions such as Birth centenary of Mahatma Gandhi and Birth Centenary - Similarly on occasion of Silver Jubilee of Country Independence on etc - It is further pleaded by petitioner that on all above occasions prisoners serving life imprisonment who have completed years of actual sentence and years of total sentence including remission were released - Held, Accused has to be arrested formerly in connection with every crime though is already arrested in connection with other crime - This is because of fact if accused is released on bail in connection with one of offences cannot be set at liberty immediately because is also required in some other crimes - Unless Arrest is shown in second case accused cannot be continued to be in judicial custody - Therefore applying same logic petitioner was arrested in connection with thought was in judicial custody since - It was reported that accused was convicted in connection with - Sessions Case and he continues to be in jail as a convict - If set-off is to be given to accused subject to restrictions put Criminal Procedure Code set-off is required to be given in same case in which petitioner is convicted - Set-off cannot be given in a case where was acquitted - This is law laid down by Apex Court - Therefore while deciding as to whether petitioner is entitled to benefit of G. O. or not crucial date is to be taken on which detent was arrested in connection with in which was convicted and sentenced to suffer imprisonment for life - Writ petition dismissed
( 1 ) THE petitioner herein, Bandi Prakash, son of B. Ramaiah, convict No. 7893, lodged in Central Prison, Chenchalguda, hyderabad, has filed the present writ petition invoking the jurisdiction of this court under Article 226 of the Constitution of India with the following averments: That he is a life convict undergoing the sentence of life imprisonment at Chenchalguda central Prison, Hyderabad as convict no. 7893. The Additional Sessions Judge, adilabad, convicted him for life in Sessions case No. 317 of 1987 on 21-4-1994 in connection with Crime No. 79 of 1984 of mandamarri Police Station, Adilabad district.
( 2 ) IT is further averred by the petitioner that the Government of Andhra Pradesh issued G. O. Ms. No. 193 and released as many as 289 lifers who underwent 7 years of imprisonment and 10 years of imprisonment with remissions on the occasion of "golden Jubilee of the country s Independence Day i. e. , on 15-8-1997".
( 3 ) IT is the further case of the petitioner that there has been several instances of granting remission to the prisoners on important occasions such as the Birth centenary of Mahatma Gandhi on October 2, 1969 and Birth Centenary of Tanguturi prakasam Panthulu on August 22, 1972. Similarly on the occasion of Silver Jubilee of the Country s Independence on 15th august, 1972, etc. It is further pleaded by the petitioner that on all the above occasions prisoners serving life imprisonment who have completed 7 years of actual sentence and 10 years of total sentence including remission were released.
( 4 ) IT is the further case of the petitioner that he is one of the convicts, who is eligible prisoner to get special benefit which was conferred on prisoners vide G. O. Ms. No. 193. The petitioner claims to have completed 7 years of actual sentence and 10 years of total sentence including remission. It is further averred by the petitioner that the same fact was not properly and correctly recorded in his history ticket and in the admission register maintained by the jail authorities, Warangal Central Prison.
( 5 ) IT is the further case of the petitioner that his date of first arrest and admission in jail was not properly recorded by the authorities and therefore the petitioner prays for intervention by this Court for recording the correct date of first arrest and admission in jail so as to enable him to claim the benefit of G. O. Ms. No. 193.
( 6 ) IT is the further case of the petitioner that he was facing in all three cases. Mandamarri Police registered the first case on 20-10-1984 as Crime No. 73 of 1984 for the offences punishable under Sections 324 and 427 IPC. The second case was registered on 4-11-1984 as Crime No. 79 of 1984 for the offences punishable under sections 148, 449, 302 and 324 IPC of mandamarri Police. The third case was registered as Crime No. 26 of 1986. The petitioner and three others were prosecuted in the said case. The petitioner was arrested in connection with third case on 12-3-1986. The III Town Police, Kothagudem, arrested him. Immediately after the petitioner was arrested, he was remanded to judicial custody and he was lodged to Warangal central Prison. This fact was also published in the popular newspapers like Indian express on 15-3-1986. Though the petitioner has been in judicial custody in Cr. No. 26 of 1986 of III Town Police Station, kothagudem since 12-3-1986, it has not been calculated for the purpose of total period of sentence, which he underwent.
( 7 ) IT is the further case of the petitioner that in Cr. No. 79 of 1984 of Mandamarri police Station, Adilabad District, which was registered subsequently as Sessions Case no. 317 of 1993 on the file of the Additional sessions Judge, Adilabad in which he was sentenced for imprisonment for life. He has been undergoing imprisonment, which crime happened to be earlier to 12-3-1986. Even though he has been in judicial remand since 12-3-1986 as an under-trial prisoner, the said fact and the date were not taken
