Judgment

SUBBA RAO, J. : This is a petition under Art. 32 of the Constitution for an order in the nature of habeas corpus claiming that the petitioner has justly served his sentence and should, therefore, be released.

2. On February 10, 1949 the Judge, Special Court, Red Fort, Delhi, convicted the petitioner for offences under S. 3, read with S. 6, of the Explosive Substances Act, under S. 4(b) and S. 5 thereof, and for murder under S. 302, read with S. 109, of the Indian Penal Code; for the first two offences he was sentenced to seven years rigorous imprisonment and five years rigorous imprisonment respectively and for the third offence to transportation for life and all the sentences were directed to run concurrently. After conviction he was imprisoned in jails in the State of Punjab till May 19, 1950 and thereafter he was transferred to Nasik Road Central Prison in the State of Bombay (now Maharashtra). According to the petitioner, he has earned the following remissions upto September 30, 1960:

(a) Ordinary remission ... 836 days

(b) Special remission ... 206 days

(c) Physical training remission ... 113 days

(d) Literary remission ... 108 days

(e) Annual good conduct remission ..