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2022 Supreme(Bom) 515

M.S.SONAK, R.N.LADDHA
Raghuvir @ Raghu Sharma S/o Matacharan Sharma – Appellant
Versus
State of Goa – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Pavithran A.V.
For the Respondents: Mr. D. Pangam, Mr. S.G. Bhobe.

JUDGMENT :

1. The petitioner Mr. Raghuvir Sharma, presently suffering incarceration at the Colvale jail has addressed a letter dated 28.01.2022 to this Court requesting that suitable orders be made in terms of Section 428 of the Criminal Procedure Code to set off the period of incarceration suffered by the petitioner as an under-trial from out of the substantive sentence of rigorous imprisonment for a term of 14 years.

2. The aforesaid letter was forwarded by the Superintendent of Central Jail, Colvale, Goa, vide covering letter dated 03.02.2022.

3. We thought it appropriate to treat the aforesaid letter as a Writ Petition and requested Mr. Pavithran A.V. learned Advocate, to appear on behalf of the petitioner in this matter. The Registry to appropriately number this petition, if not already numbered.

4. We, accordingly, issue rule in this petition and make the rule returnable forthwith with the consent of and at the request of the learned Counsel for the parties.

5. In this case, the petitioner had been convicted under Section 377 IPC read with Section 8(2) of the Goa Children's Act 2003 by the Children's Court in Special Case No. 5 of 2010 and was sentenced to undergo life imprisonmen

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