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1967 Supreme(Kar) 60

M.SADASIVAYYA, D.M.CHANDRASHEKHAR
ALFRED J. PERIES – Appellant
Versus
STATE OF MYSORE – Respondent


CHANDRASHEKHAR, J.

( 1 ) THE petitioner is a convict serving his sentence of imprisonment in the Central Jail, Bangalore. In this petition under Article 220 of the Constitution read with Section 491 of the Code of criminal Procedure, he has prayed for issue of a writ in the nature of Habeas Corpus directing that he be set at liberty. He has claimed that he has served his sentence and should, therefore, he released.

( 2 ) AS he was not represented by a counsel after admitting the petition, we requested Mr. B. K. Ramachandra Rao Advocate, to appear as amicus curiae and assist us He agreed to do so. He contacted the petitioner look instructions from him and addressed arguments at the stage of hearing of the petition. We are grateful to him for his valuable assistance.

( 3 ) AS directed by us the petitioner was produced before us by the Jail authorities and we permitted him also to make his submissions. Apart from stating a few facts he set out certain circumstances which, according to him would warrant the remission of his sentence.

( 4 ) THE petitioner is a national of Ceylon. He was tried along with two others for the offence of murder. By his judgment dated 29-11-1952, the Sess











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