NASIBUDDIN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner in the instant case is a history sheeter involved in many criminal cases in the State. After trial conducted against him in those cases, he has been found guilty in five different independent cases before different Courts in the State of Chhattisgarh ranging from life imprisonment to RI for a minimum period of six months.

(2.) The petitioner herein is seeking a writ of habeas corpus for his alleged illegal detention substantially on the ground that though he is a convict in five different crimes committed by him in the State of Chhattisgarh, so far as the case in which he has been sentenced to undergo life imprisonment is concerned, he has already got bail by the High Court and in the other four cases he has either completed the period of sentence or the sentence part has been reduced by the High Court in different appeals to the period already undergone. Therefore, any further detention of his in jail will amount to illegal detention. Hence, the petitioner deserves to be freed. However, the Respondent Authorities, it is alleged of overlooking the judgments of the Court and without any justification, explanation or rhyme or reason, have not released the Petitioner.

(3.) According to the counsel for the Petitioner, since the conviction and sentence in four out of five criminal cases has been either completed or reduced to the period already undergone and in the fifth case, the petitioner has already got bail, there is no need whatsoever for further detention of the petitioner. Thus, the detention part without any reason can be termed to be an illegal detention requiring intervention of this Court by issuance of a writ of habeas corpus.