SUDHAKARA Vs. STATE OF KERALA

JUDGEMENT

(1.) The questions of law arising for consideration in these applications are:

(2.) The applicants challenged the conviction and sentence in the Criminal Appeals filed by them. The Criminal Appeals are pending. They also challenged the aforesaid direction given by the court below. It is stated that the applicants were under-trial prisoners for various periods, the details of which were shown in the judgment. The applicants contend that normally, they would get parole (leave) under R. 453 of the Kerala Prison Rules. It is also contended that while invoking R. 453, the applicants are entitled to reckon the period during which they were detained as under-trial prisoners. The applicants also submit that the period of detention shall be set off against the period of sentence, under S. 428 of the Code of Criminal Procedure.

(3.) The applications are opposed by the respondent. It is contended that S. 428 of the Code of Criminal Procedure cannot be invoked by the applicants at this stage, during the pendency of the appeals. The question of S. 428 being invoked would arise only when a decision is taken by the Government under S. 433 of the Code of Criminal Procedure. It is also contended that in the nature of the allegations made against the applicants and in the facts and circumstances, the applicants are not entitled to invoke R. 453 of the Kerala Prison Rules.