SHABOO Vs. STATE OF U P

JUDGEMENT

(1.) M. M. Husain, J. The two petitioners, namely Shaboo and Ranga alias Israil, are detained in the District Jail of Bahraich for serving out con current sentences of six months R. I. under Section 325/149 I. P. C. and three months' R. I. under Section 147 I. P. C. awarded to them in Sessions Trial No. 89 of 1979, of the Sessions Division of Bahraich. Their contention in this petition moved under Article 226 of the Constitution of India is that after crediting the period during which they have remained in jails as undertrial in connection with Other crimes, they have already served out the sentences awarded to them in the aforesaid Sessions Tiral. Their prayer, therefore, is that a writ in the nature of habeas corpus or any other appropriate writ, order or direction be issued to the opposite parties to set them at liberty forthwith as their detention in jail is now illegal.

(2.) ONE Jitendra Singh lodged a first information report against the two petitioners at P. S. Kotwali Bahraich on 27-8-1978. A case under Sections 147 and 323/149 I. P. C. bearing Crime No. 409 of 1978 was registered against them on the basis of that report. The said case, when sent up for trial, was regis tered as S. T. No. 89 of 1979. Both the petitioners surrendered themselves in Court as soon as the case was registered against them. They were immediately bailed out and remained on bail till convicted by the trial Court on 11-4-1980. Even after their conviction they were granted interim bail by the trial Court. They filed Criminal Appeal No. 244 of 1980 in this Court against their conviction. They remained on bail during the pendency of the appeal also which was ultimately dismissed on 25-9-1981, and the two sentences of six months and three months' R. I. respectively, awarded to them by the trial Court for offences under Sections 325/149 and 147 I. P. C. were confirmed. After the confirmation of their sentences by this Court Shaboo was taken into custody on 5-12-1981, whereas Ranga surrendered himself on 7-12-1981. Both of them are in jail since then.

(3.) THIS petition had earlier come up for hearing before a Bench consisting of H. N. Seth and S. S. Ahmad, JJ. Reliance was placed before their lordships upon two Bench decisions of this Court, namely Nasim v. State of U. P. ( 1978 A. W. C. 833), decided by Hari Swamp, J. and one of us, and, Onkar Singh v. Police Officer Prashashan (1979 A. W. C. 277), decided by Hari Swarup and U. G. Srivastava, JJ. In Nasim's case (supra) reliance was placed upon the Supreme Court's decision in Govern ment of Andhra Pradesh v. Anne Tenkateshwar Rao (A. I. R. 1977 S. C. 1096)