VIJAYANAGARAM CHINNA REDDAPPA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Writ Petition is filed seeking a Writ of habeas corpus, directing the 2nd respondent - Superintendent, Central Prison, Kadapa to produce P.Reddy Bhaskar - Convict No.5357 lodged in Central Prison, Kadapa, before this Court and be released after declaring that his further detention in prison is illegal.

(2.) (a) Briefly stated, P.Reddy Bhaskar - accused was convicted for the offence under Sec. 302 IPC by the learned VI Additional District & Sessions Judge (FTC), Tirupati in Sessions Case No.139 of 2006, and sentenced to undergo imprisonment for life and to pay a fine of Rs.1,000.00, and in default of payment of the fine amount, to undergo simple imprisonment for one month, on 19/12/2006. While he was undergoing the sentence, the Government of Andhra Pradesh vide G.O.Ms.No.121 Home (Paroles & HRC) Department, dtd. 14/8/2022 had given a special remission to the convict prisoner No.5357 and he was released on 15/8/2022. While serving the life sentence, the said P.Reddy Bhaskar was also convicted and sentenced in three other cases which are as follows:

(3.) (a) The 2nd respondent filed a counter affidavit, contending inter alia that the life convict Pujari Reddy Bhaskar was convicted and sentenced to life imprisonment and to pay a fine of Rs.1,000.00 and in default of payment of the fine amount, to suffer simple imprisonment for one month for the offence under Sec. 302 IPC on the file of the Court of VI Additional District & Sessions Judge, Tirupati in Sessions Case No.139 of 2006, dtd. 19/12/2006. The fine amount was paid on 19/12/2006 and he was detained in the Prison from 23/12/2006. He preferred an appeal against his conviction in Criminal Appeal No.1 of 2017 before Hon'ble High Court of Andhra Pradesh, Hyderabad, and the said appeal was dismissed on 19/4/2010 confirming the judgment passed by the lower Court.