M P JAYARAJ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In this petition under Arts. 226 and 227 of the Constitution, the petitioner has sought for issue of a writ in the nature of Mandamus to the respondents to refer his case to the Advisory Board for the District Prison at Mysore (hereinafter referred to as the 'Advisory Board'), or in the alternative to consider the recommendation of the Advisory Board for his pre-mature release. The petitioner has also sought for his release on parole. The last prayer does not survive, because the petitioner has been released once on parole during the pendency of the Writ Petition.

(2.) The petitioner was one of the five accused in Sessions Case No. 12 of 1977 on the file of the Principal District and Sessions Judge for Metropolitan area, Bangalore. He along with the other accused was convicted for the offences punishable under Ss. 143, 148, 307 read with S. 149; and S. 324 read with S. 149 of the Indian Penal Code, and was sentended to undergo rigorous imprisonment for a period of three months, one year, 5 years and one year respectively, and the substantive sentences were ordered to run concurrently.

(3.) Aggrieved by the aforesaid order of convictions and sentences, the petitioner along with the other accused, preferred Crl. A. No. 280 of 1978. The State also preferred Crl. A. No. 68 of 1979 before this Court. Both the appeals were heard together and decided by a common judgment by this Court, on 1-8-1979. This Court confirmed the convictions, however enhanced the sentence from 5 years to 10 years. Pursuant to the aforesaid convictions and sentences, the petitioner has been undergoing rigorous imprisonment in the District Prison at Mysore.