DAUDAYAL Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) Leave Granted.

(2.) This appeal arises from an unfortunate set of circumstances. The appellant-convict has been sentenced to Rigorous Imprisonment of four years for offences under Ss. 148, 448, 304 Part II r/w Ss. 149, 323, Indian Penal Code, 1860 [IPC] by the Additional Sessions Judge, No.1, Alwar in connection with Sessions Case No.22 of 1967 in terms of judgment dtd. 8/12/1988. Such findings and sentence were confirmed by the dismissal of his appeal thereagainst being Criminal Appeal No.451 of 1988 in 2021 whereafter he was arrested on 23/12/2021. He applied for permanent parole on 3/12/2023 (not having applied for regular parole) which was rejected on 18/1/2024 on that very ground. This rejection was challenged before the High Court [ SB Criminal Writ Petition No.1021/2024 ]. The learned Single judge allowed the petition vide order dtd. 5/11/2024 and directed his release on furnishing personal bond of Rs.1,00,000.00 and two sureties of Rs.50,000.00 each. At this point in time, he had already served three years two months and twenty days out of a total four-year sentence. By 25/11/2024 he had still not been released despite complying with the conditions stipulated in the order of the learned Single Judge. As such, he approached the Division Bench [DB Habeas Corpus Petition no.411/2024] whereby vide order dtd. 6/12/2024 he was ordered to be released forthwith.

(3.) Before us, the sum and substance of the appellantconvict 's case is that the time in between the order of the learned Single Judge dtd. 5/11/2024 and the subsequent verification of the sureties which took place on 13/11/2024, and the order of the Division Bench on 6/12/2024 i.e., 24 days, was his illegal detention and consequently he is entitled to compensation.