SHAILESH VISHWANATH RAVAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) 1. This petition under Article 226 of the Constitution is filed by an under-trial prisoner lodged in Sabarmati Central Jail, Ahmedabad. The petitioner has prayed for suitable directions to all the lower Courts to implement the directions issued by the Hon'ble Supreme Court in RD Upadhyay vs State of Andhra Pradesh, (1996) 3 SCC 422 and in Rama Murthy vs. State of Karnataka, AIR 1997 SC 1739.

(2.) THE petitioner was arrested and lodged in judicial custody since 16. 1. 2004 in connection with two criminal cases registered as FIR No. I-662/03 with Amraiwadi Police Station and FIR No. 689/04 registered with Ellisbridge Police Station for the offences punishable under Sections 406, 409, 420, 467, 468, 471 and 120b of the Indian Penal Code. The maximum sentence which can by awarded for the above offences is as under :-<FRM>JUDGEMENT_2629_TLGJ0_2008Html1.htm</FRM>

(3.) THE petitioner's contention is that since the cases for the offences punishable under the above Sections are triable by any Judicial Magistrate, First Class or any Metropolitan Magistrate and since the powers of such Magistrates to award punishment is maximum sentence upto 3 years as provided in Section 29 of Cr. PC, an accused charged with the above offences cannot be kept in judicial custody for more than 3 years without trial or even when the trial is in progress.