JANKI DAS Vs. STATE AND ANR.

JUDGEMENT

(1.) HEARD the parties.

(2.) IN the instant writ petition, the petitioner has prayed for conviction/amalgamation of two cases, namely, Raxaul PS case No. 14 of 1989 (in short as the Bihar case) and Vivek Vihar PS case No. 20 of 1989 (in short as the Delhi case) in which he has been convicted on 2.7.1993 and 18.12.1993 respectively. He has further prayed to treat his custody in Bihar case with effect from 4.10.1989 on which date production warrant was issued to him for being produced in the said case. Petitioner has also prayed for other consequential relief for his release from jail custody.

(3.) (a) Learned Counsel for the petitioner submits that the Government of National Capital Territory of Delhi, Home (General) Department also provides remission under Section 432 of the Code of Criminal Procedure (in short the Code) and a life convict is generally released after completion of fourteen years of imprisonment. He submits that as he was admittedly in custody in Delhi case on 18.8.1989 he would serve out life imprisonment which is generally taken to be twenty years on 18.8.2009. He submits that as per general admissible remission provided for in order dated 16.7.2004, annexure A1 of the government of NCT, Delhi he ought to have been let off on 18.8.2003 after completing fourteen years of actual imprisonment.