DINESH SONI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By this petition under Section 482 of the Cr.P.C., the petitioner has prayed for issuance of suitable orders/directions for his release from imprisonment forthwith from jail in the matter of sentence awarded to him for commission of offence under Section 394/34 of the I.P.C. in Criminal Case No. 1024/2010 vide judgment of conviction and order of sentence dated 02-07-2011 passed by the Judicial Magistrate First Class, Korba. The petitioner was arrested on 20-02-2010 by the police of Police Station Balco Nagar in connection with Crime No. 217 of 2010 for alleged commission of offence under Section 392, 201 & 411 of the I.P.C. as well as in connection with Crime No. 40/2010 for alleged commission of offence under Section 394/109 of the I.P.C. After investigation in connection with Crime No. 217 of 2010, charge sheet was filed by the Police in the Court of Judicial Magistrate First Class, Korba, for prosecution of offence under Section 394, 411 and 201 of I.P.C. against the petitioner and four other accused persons, which was registered as regular Criminal Case No. 1024/2010. Similarly, in connection with Crime No. 40 of 2010, charges have been framed for commission of offence under Section 394/34 and 411 of the I.P.C, after completion of investigation, charge sheet was filed in the Court of Chief Judicial Magistrate, Korba and charges were framed against the petitioner and one Nitin Metkari for alleged commission of offence under Section 392. 201 of the I.P.C under Criminal Case No. 697 of 2010.

(2.) Vide judgment of conviction and order of sentence dated 11-03-2011 passed in Criminal Case No. 697 of 2010, the petitioner was held guilty of commission of offence under Section 392, 201 of the I.P.C and sentenced to undergo R.I. of two years with fine of Rs. 200/- and in default of payment of fine, additional R.I. for one month for each of the offences. Exercising its power under Section 428 of the Cr.P.C., the learned trial Court provided set off in respect of the period of imprisonment undergone by the petitioner during trial with effect from 20-02-2010. The learned trial Court further directed that the sentence awarded under Section 392 and 201 of the I.P.C shall run concurrently. Against the judgment of conviction and order of sentence awarded, the petitioner preferred criminal appeal, which was dismissed vide order dated 25-06-2011 passed by the Sessions Judge, Korba in Criminal Appeal No. 12/ 2011. Aggrieved by the order passed in appeal, the petitioner filed criminal revision before this Court registered as Criminal Revision No. 376 of 2011, wherein, vide order dated 13-07-2011, the substantive jail sentence imposed on the petitioner has been suspended during the pendency of revision petition, directing his release on furnishing personal bond of Rs. 10,000/- along with one surety in the like sum to the satisfaction of the trial Court. While the matter stood thus, vide judgment of conviction and order of sentence dated 02-07-2011 passed in Criminal Case No. 1024 of 2010, arising out of Crime No. 217 of 2010, the petitioner was held guilty for commission of offence under Section 394/ 34 of the I.P.C. along with other accused Babulal and Dilip and sentenced to undergo R.I. for one year and five months and fine of Rs. 2,000/- and in default of payment of fine, additional simple imprisonment for two months. The trial Court further passed an order of set off in respect of the period of pre-trial detention with effect from 20-02-2010 under Section 428 of the Cr.P.C. and directed that if as a result of set off, the petitioner has undergone the sentence awarded, he be released forthwith.

(3.) The petitioner was however not released from imprisonment in connection with judgment of conviction and order of sentence dated 02-07-2011 in Criminal Case No. 1024 of 2010. Vide memo dated 25-07-2011 (Annexure P-l), the Superintendent, District Jail, Korba, in response to memo dated 23-07-2011 and order dated 20-07-2011 passed by the Judicial Magistrate First Class, Korba, has informed that though the petitioner has been released from jail in view of the order of grant of bail passed on 13-07-2011 in connection with Criminal Case No. 697 of 2010, vide judgment of conviction and order of sentence dated 11-03-2011, the petitioner is undergoing sentence of imprisonment under judgment of conviction and order of sentence dated 02-07-2011 in Criminal Case No. 1024 of 2010 by giving benefit of set-off under Section 428 of the Cr.P.C. for the period of imprisonment with effect from 20-02-2010 till 10-03-2011.