GEDALA RAMULU NAIDU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioner was convicted in Sessions Case No. 29 of 1971 and Sessions Case No. 79 of 1971 by the Additional Sessions Judge. Visakhapatnam, on 29-5-1972, and sentenced to one year and seven years on two counts, respectively, and the sentences were directed to run concurrently. The petitioner was an under-trial prisoner in the above cases from 19-6-1969 to 8-3-1970, i.e., for the period of 262 days, and also from 19-1-1971 to 28-5-1982, i.e., for a period of 496 days. It is therefore clear that he underwent imprisonment as an under-trial prisoner for a total period of 759 days. While the matters stand thus, the Sub-Divisional Magistrate, Parvathipur, ordered on 9-3-1970 in M.C. No. 4 of 1969 to furnish security with two sureties each for a sum of Rs. 2,000.00 for one year. But the petitioner could not furnish the security, and he was therefore kept in prison for a period of on year, i.e., from 9-3-1970 to 9-3-1971.

(2.) The petitioner contends that if the period of under-trial imprisonment as well as the remission and also the period of imprisonment which he underwent as per the orders in M.C. No. 4 of 1969, the petitioner has to be released forthwith as he completed the entire period of imprisonment on two counts, and hence, he should be released forthwith. But the jail authorities did not accept this.

(3.) According to the counter the petitioner underwent a total period of imprisonment for 5 years 3 months and 20 days after giving the benefit of remission granted as per G.O. Ms. No. 1040 Home (Prl. A) dated 4-8-1972 and remission granted as per G.O. No. 1137 Home (Prl. A) dated 21-8-1982, remand period and ordinary remission earned, and thus, the respondents contend, if all these factors are taken into consideration and are deducted from the total period of sentence of 7 years, the prisoner has to undergo imprisonment for one year 8 months and 10 days, and that was unexpired portion of sentence as on 22-3-1982. In the counter they gave the details as follows : @@ Y. M. D. 1. Actual sentence undergone as on 22-3-1982. 2 2 12 2. State remission granted as per G.O. 1040 Home (Prl. A.) dated 4-8-1972. 0 3 0 3. State remission granted as per G.O. 1137 Home (Prl. A.) dt. 21-8-1972. 0 3 0 4. Remand period 2 0 29 5. Ordinary remission earned 0 6 9 6. Total sentence undergone 5 3 20 7. Sentence 7 0 0 8. Unexpired portion of sentence as on 22-3-1982. 1 8 10 @@ The respondents, therefore, contend that the petitioner is due to be released from jail on 4-12-1984 in the ordinary course excluding remission, and if the remissions already earned and likely to be earned are excluded the date of release of the prisoner may be sometime in 1983, and this is if the petitioner does not get any punishment. The petitioner, therefore, cannot be released immediately, and the petitioner should undergo one year 8 months and 10 days from 22-3-1982.