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1966 Supreme(Pat) 22

K.K.DUTTA, N.L.UNTWALIA
Mrityunjoy Bose – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. This is an application under Sec. 491 of the Code of Criminal Procedure, hereinafter called the Code, for directing that the petitioner should be set at liberty as he is being illegally detained in jail even though he has, according to him served out the sentences imposed upon him in Sessions Trial No. 197 of 1960. In that trial the learned Assistant Sessions Judge II. Patna had convicted the petitioner under Sec. 420/511, Indian Penal Code, am] sentenced him to undergo rigorous imprisonment for five years and to pay a fine of Rs. 250/-, in default to undergo further rigorous imprisonment for a period of six months only. The petitioner was also convicted in the said trial under Sec. 471/511. Indian Penal Code and was sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs. 250/-. in default "further rigorous imprisonment for another six months" The further direction by the trial Court was the sentences of imprisonment are to run concurrently" The petitioner filed Criminal Appeal No. 473 of 1962 in this Court which was disposed of on the 24th of February. 1964. His convictions were maintained The sentence of five years rigorous impris




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