S.S. Shinde, J.

1. This writ petition is filed with two-fold prayers, which are as follows:-

"(a) to direct respondent No. 2 to produce the petitioner's son, namely, Sandeep, and release him from prison.

(b) Respondents may be directed to pay appropriate/reasonable compensation to the petitioner's son for his illegal detention."

It is the case of the petitioner that the petitioner is resident of Rohipimpalgaon, taluka Mudkhed, district Nanded. It is further case of the petitioner that, son of the petitioner, namely, Sandeep s/o Balaji Pawar, after completion of the sentence awarded by the High Court in Criminal Appeal No. 515/2002 ought to have been released forthwith, however, he was not released and, therefore, his detention after the date on which he was entitled for his release after undergoing sentence, becomes illegal and, therefore, he is entitled for compensation, and also action is required to be taken against erring officers.

2. The petitioner's son, namely, Sandeep Balaji Pawar, was accused in Sessions case No. 108/2001. Learned Ad hoc Additional Sessions Judge, Nanded, in Sessions Case No. 108/2001, by judgment and order dated 20th August, 2002, convicted him for the offense punishable under Section 304 Part II of IPC, directing him to suffer rigorous imprisonment fourteen years and to pay fine of Rs. 5,000/-; in default, to suffer rigorous imprisonment for six months.

3. The said judgment and order was challenged by the convict in Criminal Appeal No. 515/2002 before the High Court. The said appeal was heard by the High Court and by judgment and order dated 8th Oct., 2003, it came to be partly allowed. Though the order of conviction was maintained by the High Court, the sentence was reduced to a term of four years.

4. It is the case of the petitioner that his son, as per the Judgment and Order passed by the High Court in Criminal Appeal No. 515/2002, completed his sentence of imprisonment on 30th April, 2005. It is his further case that since his son could not pay the amount of fine of Rs. 5,000/-, was subjected to undergo in default sentence for the period of six months. Even that period expired on 30th October, 2005. After completing the sentence and the default sentence, since there was no other offence at his discredit, he was entitled to be released on 31st October, 2005. Thus, according to the petitioner, continuance of his son - Sandip in the prison from 1st November till his release on 23rd December, 2005, is illegal detention and he is, therefore, entitled to be awarded with adequate compensation.

5. This Court heard this petition for admission on 22nd Dec, 2005, and after considering the judgment and order passed by the Sessions Court, Nanded, and also the judgment and order passed by the learned Single Judge of this Court in the Criminal appeal held that, if Sandeep was arrested on 30th April, 2001, and if he is continuously in prison, taking into consideration the set off granted, his sentence ought to have been terminated on 30.10.2005. This Court directed the Registry to send a fax message to Prison authorities communicating order passed by the Court on 22nd Dec, 2005, as also writ of High Court upon conclusion of Criminal Appeal No. 515/2002 pronounced on 8.10.2003. This Court further directed that simultaneously, copies of all the three documents should be forwarded to Nashik Road Central Prison, by Speed Post, with Acknowledgment Due, for necessary action.

This Court further directed the Registrar (Judicial) to conduct a discreet enquiry and find out the reasons as to why intimation of High Court decision reducing the sentence did not reach to the Prison authorities well in time although the matter was decided in Oct., 2003. For that purpose, the Registrar (Judicial) was directed to consider the time and manner of transit of writ from High Court Registry and also by the Sessions Court, Nanded, and evidence if any, regarding despatch, receipt by the addressee and acknowledgements. It was further ob