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2019 Supreme(All) 2224
IN THE HIGH COURT OF ALLAHABAD
Virendra Kumar Srivastava, J.
Sudama Uraon - Appellant
Vs.
State of U.P. - Respondent
Criminal Appeal No. - 1973 of 2019
Decided On : 06-12-2019
For the Appellant : Mahesh Sharma, Hriday Kumar Singh, Jai Prakash Prasad, Satya Dheer Singh Jadaun
For the Respondent: G.A.
The main legal point established in the judgment is that the period of detention in another criminal case in another prison cannot be treated as detention in the same case, as required under Section 428 of the Code for setting off the period of detention undergone.
Headnote:
Gangster - Conviction under U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 - 3(1) - [3(1) of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986] - The court discussed the provisions of Section 3 of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, which deals with punishment to gangsters. The minimum sentence of three years, which may extend to ten years, and a fine have been provided if the gangster commits any offence against a public servant or a person of a member of the family of a public servant, and in other cases, he shall be punished for a minimum sentence of two years and a fine. The appellant was convicted for a sentence of imprisonment of only three years and a fine of Rs. 5000, indicating that the learned Trial Court awarded a sentence to the appellant on the lower side, which required no interference.
Fact of the Case:
The appellant was convicted under section 3(1) of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 and sentenced to three years rigorous imprisonment and a fine of Rs. 5,000. The appellant filed an application for setting off his period of detention in jail before the impugned judgment and order, which was rejected by the Session Judge, Sonbhadra. The appellant appealed against this judgment.
Finding of the Court:
The court found that the appellant's period of detention in other prisons in other cases could not be set off against the sentence awarded in the present case. The court also noted that the impugned judgment and order passed in the case were legal and justified, requiring no interference.
Issues: The issues involved the appellant's request for setting off his period of detention in jail before the impugned judgment and order against the sentence awarded in the present case.
Ratio Decidendi: The court held that the period of detention in another criminal case in another prison could not be treated as detention in the same case, as required under Section 428 of the Code for setting off the period of detention undergone. Therefore, the appellant's request for setting off his period of detention in jail before the impugned judgment and order against the sentence awarded in the present case was rejected.
Final Decision: The appeal lacked merit and was dismissed. The court also ordered a copy of the order to be sent to the lower court for information and necessary compliance.
JUDGMENT :
Virendra Kumar Srivastava, J.
1. This instant appeal has been filed by the appellant against the judgement and order dated 21.3.2018, passed by Sessions Judge, Sonbhadra, in Special Session Trial No.553 of 2012 (State vs. Sudama Uraon) arising out of case Crime No.432 of 2009, P.S Pannuganj, district Sonbhadra, whereby the appellant-accused (in short 'appellant') has been convicted for the offence under section 3(1) of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 (in short 'Act') for three years rigorous imprisonment and fine of Rs. 5,000/-and in default of payment of fine, he has been further sentenced for three months simple imprisonment.
2. The brief facts, arising out of this appeal, are that an information was received by S.I. Sri Shesh Dhar Pandey, Station In-Charge, P.S. Pannuganj, District Sonbhadra that appellant Sudama Uraon, leader of Nexalite Gang, is active with his members of the gang and is creating terror in society and due to which nobody comes forward to show his grievance against the appellant and the members of his gang. On the basis of said information a report was sent to the District Magistrate concerned through a higher police official along with a chart of criminal cases against the appellant and after approval of gang chart, first information report (for short 'F.I.R.') was lodged. At the time of lodging F.I.R., it is stated that he was detained in district jail, Mirzapur in connection with other offences pending against him. For his production before the Court of Sessions, Sonbhadra, production warrant was issued u/s 267 of Code of Criminal Procedure, 1973 (in short 'Code') on 13.10.2009 but the appellant was not produced before the Court as he was transferred to another district jail, Sasaram, Bihar. Meanwhile, after due investigation charge sheet was filed against the appellant before the Trial Court on 05.12.2012.
3. Cognizance was taken by the trial court. Appellant was summoned. Production warrant was issued under Section 267 of the Code to Incharge of the concerned prison for production of appellant. Appellant, upon being transferred from District Jail, Sasaram to District Jail, Sonbhadra, was produced before the Trial Court on 27.9.2017 and at the time of hearing of charge, the appellant confessed his guilt voluntarily on 21.3.2018. Learned Trial Court, after hearing the learned counsel appearing for appellant and learned counsel appearing for the State, convicted and sentenced the appellant as above. After the impugned judgment and order, as the appellant was under going the sentence awarded against him, he filed an application before the Trial Court that during the period of his detention in Mandal Jail, Sasaram, Bihar, he was summoned through production warrant (warrant B) dated 16.8.2010 and was transferred on 26.7.2017 from District Jail, Gurma to District Jail, Sonbhadra but has not been released on conviction warrant dated 21.3.2018 passed by Trial Court. The Trial Court called for a report from Superintendent District Jail, Sonbhadra, who in his report dated 8.10.2018 stated that the appellant was transferred from Mandal Karagar, Sasaram to District Jail, Sonbhadra on 26.7.2017; he was produced before the Trial Court on 27.9.2017. On 21.3.2018 the appellant was convicted by the Trial Court for 3 years imprisonment and fine of Rs. 5000/-but on 29.3.2018 the appellant was again transferred to District Jail, Bhagna (Kaimur), Bihar. It was also stated in the report that till the date of conviction and sentence of the appellant in Case Crime No. 432 of 2009 under Section 3(1) of the Act, P.S. Pannuganj, District Sonbhadra, S.T. No. 553 of 2012 (State Vs. Sudama Uraon), detention of the appellant was only 5 months and 23 days and in view of the sentence awarded by the Trial Court, the probable release date of appellant would be 16.5.2020. Considering the said report, the Session Judge, Sonbhadra, vide order dated 26.10.2018 rejected the application dated 17.7.2018 f
