HARISH KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner was arrested on 3.10.1992 in case F.I.R No. 206 dated 3.10.1992 tinder Section 25 of the Arms Act. He was released on bail on 29.10.1992 by the Judicial Magistrate 1st Class, Ludhiana. He was thereafter arrested on 11.1.1993 in case F.I.R. No. 7 dated 10.1.1993. The case of the petitioner in this writ for Habeas C o r p u s is that the period of 1 1/2 years spent by him while in jail in F.I.R No. 7 dated 10.1.1993 and F.I.R. No. 206 dated 3.10.1992 be counted towards the sentence imposed upon him in the case arising out of F.I.R. No. 206 dated 3.10.1992. In support of this plea learned counsel for the petitioner relied upon Gedala Ramulu Naidu v. State of Andhra Pradesh and another, 1992 (2) Crl. L.J. 2186. On notice to the State, reply has been filed in which plea has been controverted and it has been asserted that the under trial period of the convict could not be counted towards the entire sentence.

(2.) AFTER hearing the counsel for the parties, I find that the matter is fully covered by the judgement referred to above in favour of the petitioner. It was observed that the entire period which the prisoner underwent as an under trial was liable to be counted towards the sentence imposed upon him. Applying the ratio of the aforesaid judgement to the facts of the present case, I hold that the entire period of detention the petitioner has undergone in the F.I.Rs. referred to above be counted towards the sentence imposed on the petitioner in F.I.R. No. 206 dated 3.10.1992.

(3.) IN the light of the above the present petition is allowed and the respondents are directed to take a decision on the release of the petitioner within 15 days from the receipt of a copy of this order. Petition stands disposed of. Order accordingly.