SHANKAR LAL SONI Vs. STATE OF M P

JUDGEMENT

(1.) THOUGH this petition was listed for hearing on the question of admission, however, on the consent of learned Counsel for the parties, they were heard finally.

(2.) BY this writ petition filed under Article 226/227 of the Constitution of India, in the nature of habeas-corpus, mandamus and certiorari, the petitioner has sought the following reliefs:-

(3.) IN the return filed by respondent Nos. 1 to 3 it has been categorically pleaded that the petitioner is presently serving life sentence in Central Jail, Satna. The petitioner has not come with clean hands and has concealed the reality. According to the respondents, the petitioner was convicted for the offence under Section 302/34, IPC and was sentenced to undergo life imprisonment in Sessions Trial No. 8/1976 vide judgment dated 27-3-1976 passed by Sessions Judge, Satna. A copy of which is placed on record as Annexure R-1. He was sent to Central Jail, Rewa on 28-3-1976 and at that time 8 cases against him were pending. Annexure R-2 is the relevant page of the convict admission register maintained by the Central Jail, Rewa. As the petitioner was bailed out in all the cases he was released from jail on 3-10-1977. The petitioner was again admitted in Central Jail, Rewa on 19-12-1978 for serving life sentence. One Criminal Case No. 693/78 for offences under Sections 294, 323 and 324, IPC was pending against him in the Court of Chief Judicial Magistrate, Satna when he was readmitted in Central Jail, on 19-12-1978. Later on, the petitioner was released on parole for 12 days on 19-8-1979 by the order of the District Magistrate, Satna and he was required to report back for readmission in jail on 6- 9-1979, but, he did not turn back and an entry to that effect was made in the jail register Annexure R-3. For ready reference we would like to rewrite the noting in regard to the petitioner^^rkjh[k 6and9and1979 canh vlfkkbz eqf ls vhkh rd okilugha vk;k** Below this noting the Superintendent, Central Jail put his signature with his official seal. There is note dated 24-8-1979 on the said register which reads thus:-"released on Parole for 10 days + 2 days (13 days) Due Back on 6-9-79" Below this note the Superintendent, Central Jail put his signature and official seal. It has been submitted by Shri R. S. Patel, learned Additional Advocate General that after he was released on parole, the petitioner did not turn back and he was absconding. The petitioner was arrested by Police, Satna on 1-2-1999 in Criminal Case No. 606/98 for the offences under Sections 353, 323, 294, 352/34, IPC of Judicial Magistrate First Class, Satna. The Town Inspector, Kotwali, Satna, intimated the fact of arrest of petitioner to Superintendent, Central Jail, Rewa by radio message a copy of which is placed on record as Annexurc R-6. Thereafter Superintendent, Central Jail, Rewa made an application before the District and Sessions Judge, Satna for issuing duplicate warrant which was issued in Sessions Trial No. 8/76. A copy of letter in that regard dated 2-2-1999 has been placed as Annexure R-7 on record. In response to the said application Incharge Sessions Judge, Satna registered M. J. C. No. 4/99 and after due enquiry and by calling the Original File of Sessions Trial No. 8/76, Police City Kotwali v. Nand Kishore and Ors. , decided on 28-3-1976, Incharge Sessions Judge, Satna thereafter passed an order to issue duplicate warrant. Copy of the proceedings of Sessions Judge, Satna in that regard is Annexure R-8. In this manner a duplicate warrant Annexure P-1 was issued which according to the petitioner, is a forged document.