D.N.JHA, M.M.HUSAIN, S.C.MATHUR
SHABBU – Appellant
Versus
STATE OF U. P – Respondent
( 1 ) THE two petitioners, namely, Shabbu and Ranga alias Israil, are detained in the District Jail of bahraich for serving out concurrent sentences of six months R. L. under Section 325/149 I. P. C. and three months R. I. under Section 147 I. P. C. awarded to them in Sessions Trial No. 89 of 1979 of the Sessions Division of Bahraich. Their contention in this petition moved under Article 226 of the Constitution of India is that after crediting the period, during which they have remained in jail as under-trial in connection with other crimes, they have already served out the sentences awarded to them in the aforesaid Sessions Trial. Their prayer, therefore, is that a writ in the nature of habeas corpus or any other appropriate writ, order or direction be issued to the opposite parties to set them at liberty forthwith as their detention in jail is now illegal.
( 2 ) ONE Jitendra Singh lodged a first information report against the two petitioners at P. S. Kotwali bahraich on 27-8-1978. A case under Sections 149 and 323/149 I. P. C. bearing Crime No. 409 of 1978 was registered against them on the basis of that report. The said case, when sent up for trial, was register
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