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1976 Supreme(Mad) 340

SAMBASIVA RAO, GANGADHARA RAO
Anne Venkateswara Rao, B. Class Prisoner, Central Prison, Hyderabad, etc. – Appellant
Versus
The Government of Andhra Pradesh and another – Respondent


Advocates:
Petitioners (detenues) in Person.
Public Prosecutor on behalf of the Respondents.

Sambasiva Rao, J.- The questions raised in these two writ petitions are of some importance to the detenus under the Maintenance of Internal Security Act who are also convicted prisoners undergoing imprisonment. The first question is whether the period of detention can be set off against the sentence of imprisonment. The other point is whether accused persons, who are undergoing terms of imprisonment, are entitled to remissions even for the period when they were in jail as undertrial prisoners before conviction.

2. The questions above-mentioned arise thus: The two petitioners were convicted by the Additional Sessions Judge, Hyderabad in S.C. Nos. 106 of 1970 and 6 of 1971 under more than one count and were sentenced to undergo varying periods of imprisonment. All the sentences were ordered to run concurrently and since the maximum sentence is four year, they have to undergo imprisonment for four years. Criminal A. No. 301 of 1972 preferred by them to this Court against their convictions and sentences was dismissed. The 1st petitioner had been detained under the Maintenance of Internal Security Act even earlier. He alleged that the first information report in the conspiracy case was f

















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