TULSI SARTHI Vs. STATE OF CHHATTISGARH AND ORS.

JUDGEMENT

(1.) The petitioner is in custody in Central Jail Bilaspur consequent to his conviction in different cases. By this application under Section 482 of Code of Criminal Procedure, 1973, he seeks release from custody on the ground that if proper calculation is made then he has served out his sentences and/or there is no case in which he can be retained or detained in custody.

(2.) The imperative facts necessary to find out whether petitioner is entitled for relief claimed in this application are as under :-

(3.) Shri Hemant Gupta, learned counsel appearing for the petitioner would submit that the petitioner was arrested on 18-12-2011 in four criminal cases registered in two different police stations and tried by two criminal courts i.e. Bilaspur and Akaltara and in all cases he was convicted for offence under Section 379 of the Indian Penal Code on different dates. He would further submit that though in all cases he was arrested on 18-12-2011 and in first case he was convicted on 2-1-2012 and in the second case he was convicted on 12-3-2012 and in third case 10-10-2012 and in fourth case 28-2-2013 but he will be undertrial prisoner in respect of second, third, fourth case for the purpose of calculating the period undergone by him during the investigation w.e.f. 18-12-2011 (date of arrest) under Section 428, Cr. P.C., though he has been convicted in the first on 2-1-2012 but yet he will be entitled for the period from 18-12-2011 to 28-2-2013 under Section 428, Cr. P.C. as set off, in the fourth case which has been granted by the learned Judicial Magistrate in his judgment and which has also been made basis by this Court in criminal revision No. 210/2014 for rejecting the application for suspension and grant of bail filed by the petitioner in the criminal revision filed against the judgment of conviction recorded by trial magistrate in fourth case, therefore he is entitled to be released forthwith.