JOGESHWAR TEWARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under Articles 226 and 227 of the Constitution of India is directed against a notice issued by the Sessions Judge of Dhanbad asking the petitioner to surrender before him at once for undergoing the remaining period of sentence imposed against him.

(2.) The facts giving rise to this -application are that this petitioner was convicted by the Sessions Judge of Dhanbad under Section 326 of the Indian Penal Code, 1860 and sentenced to undergo rigorous imprisonment for six years on the 2nd of June, 1970 in Sessions Case No. 31/69. The petitioner preferred an appeal before this Court, which was numbered as Criminal Appeal No. 276 of 1970. This Criminal Appeal was disposed of by a learned Single Judge of this Court on the 23rd of September, 1974, wherein the conviction of the petitioner under Section 326 of the Indian Penal Code, 1860 was maintained but the sentence was reduced to a period of two years only.

(3.) Mr. Jyoti Narayan, learned Counsel appearing on behalf of the petitioner, contends that this petitioner was taken in custody on the 16th of July, 1968 in connection with the criminal case in which he was convicted by the learned Sessions Judge. The petitioner was thus in Jail custody for a period of 22 months and 16 days when the Sessions Judge convicted him under Section 326 of the Indian Penal Code, 1860 on the 2nd of June, 1970. The petitioner filed an appeal being Criminal Appeal No. 276 of 1970 before this Court and he was directed to be released on bail on the 9th of July, 1970. The petitioner was actually released on bail on the 14th of August, 1970. So the petitioner had already undergone a sentence of two months and twelve days after the conviction was recorded by the learned Sessions Judge of Dhanbad.