ANIL LALA SAUNDADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS petition has been filed by the convict seeking release from the prison on the ground that he has undergone actual imprisonment of more than 14 years for the offence of murder punishable under section 302 of I. P. C. The petition has been filed in the following circumstances.

(2.) THE petitioner was convicted on 16-4-1983 in Session Case No. 267/82 and was sentenced to life imprisonment. While undergoing sentence in Yerawada Open Prison, he escaped from the lawful custody on 24-5-1998 and was thereafter rearrested on 9-8-1998. Since he had escaped from lawful custody, he was prosecuted under section 224 of I. P. C. and sentenced to one year imprisonment which was to run consecutively after he undergoes life imprisonment. For the sentence of life imprisonment, the convict was put in the category under which he had to undergo sentence for a total period of 28 years, of course, with remissions. The prison authorities took disciplinary action against the prisoner under Rule 22 (2) of the Maharashtra Prisons (Remission and System) Rules, 1962, for escaping from the lawful custody. Under the said Rule, the entire remission earned by the petitioner, excluding the State remission and special remission, is liable to be deducted from the period of his imprisonment. The period of remission which was liable to be deducted was 5 years 2 months and 5 days as per the affidavit filed by S. R. Pawar, Jailor Group II attached to Yerawada Central Prison, Pune, dated 29-10-2002. The petitioner had undergone total sentence as on 30-9-2002 as follows:---

(3.) THE argument advanced on behalf of the petitioner is that it is a case of double punishment in the sense that apart from sentence of the imprisonment of one year recorded against the prisoner under section 224 I. P. C. , the State has deducted the remissions of 5 years 2 months and 5 days earned by him and thus the prisoner was doubly punished which is violative of Article 20 (2) of the Constitution of India.