CHHATU SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN our experience this is the most extra -ordinary petition seeking a writ of habeas corpus for the release of the petitioner from illegal custody. And we sincerely and earnestly hope that we may not come across a similar petition in future.

(2.) THE petitioner is a citizen of India. He was in jail serving out his sentence on the basis of the judgment and order dated 18.8.1993 passed by Shri Bal Govind Prasad, IIIrd Additional Judicial Commissioner, Ranchi in S.T. No. 8 of 1991. By the aforesaid judgment the petitioner was convicted of the offence under Section 376/34 IPC and was sentenced to undergo rigorous imprisonment for ten years. He preferred an appeal against the trial court judgment which was registered in this court as Criminal Appeal No. 153 of 1993 (R). The petitioner's appeal was disposed of by this court by judgment and order dated 29.8.1995 (Copy at Annexure -1). By this judgment though the conviction of the petitioner was maintained his sentence was reduced from 10 years rigorous imprisonment to the period already undergone by him.

(3.) THOUGH the judgment and order of this court was passed on 29.8.1995 the petitioner was not released from jail for more than a year and he was, therefore, compelled to approach this court by filing this writ petition on 20.9.1996. I n this writ petition it was stated that though he was not required in any other criminal case, he was not being released despite the aforesaid judgment and order passed by this court on his appeal.