AVKASH PATHAK Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This petition has been filed under Sec. 482 of the Code of Criminal Procedure (henceforth 'the Code') challenging the letter No.7108/Warrant/2022, dtd. 6/8/2022 issued by the Jail Superintendent, Central Jail, Raipur whereby benefit of Sec. 428 of the Code has been denied.

(2.) Facts of the case are that the present petitioner was accused in 3 cases. It is alleged that while he was working as Director of IWC Marketing Company Private Limited, he allured various persons to deposit their money with assurance to double the amount, and he is behind the bars since 27/6/2016. The first case was registered under Crime No.166/2016 in which the petitioner was arrested on 27/6/2016 for offence under Sec. 420 of the IPC, Sec. 3 and 4 of the Prize Chits and Money Circulation Scheme (Banning) Act, 1978 and under Sec. 10 of the CG Protection of Depositors Interest Act, 2005 (for short 'the Act, 2005'). A special criminal case No.6/2016 has been conducted before the Sessions Judge/Special Judge (CG Protection of Depositors Interest Act, 2005) wherein a judgment was passed on 27/3/2018 holding the petitioner guilty under Sec. 420 of the IPC. However, the petitioner was acquitted of the charge under Sec. 10 of the Act, 2005 and Sec. 3 and 4 of the Prize Chits and Money Circulation Scheme (Banning) Act, 1978. The petitioner was sentenced to undergo RI for 5 years and to pay a fine of Rs.2.00 lakhs, in default of payment of fine to further undergo RI for 6 months under Sec. 420 of the IPC. It has also been ordered to set off of the period under Sec. 428 of the Code of police custody from 27/6/2018 to 28/6/2016 and judicial custody from 29/6/2016 to 27/3/2018, total 639 days.

(3.) On the similar allegations, another offence under Crime No.246/2016 was registered under Ss. 420 and 409 of the IPC and the petitioner was arrested on 20/12/2016. Charge sheet was filed on 30/12/2016 and the said matter was tried by the JMFC, Raipur in Criminal Case No.24227/2016, and the judgment was delivered on 6/7/2021 wherein the petitioner was sentenced to undergo SI for 3 years and to pay a fine of Rs.1,000.00, in default of payment of fine to further undergo SI for one month, separately, under sec. 420 of the IPC. It has also been ordered to set off of the period in judicial custody during trial from 20/12/2016 to 6/7/2021 i.e. for 1658 days.