AWADH RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) FOR the petitioner, and Mr. Prabhakar Tekriwal, learned Government Advocate No. 1. The petitioner seeks a direction to the respondent authorities to compensate him FOR his late release from custody.

(2.) THE facts for the disposal of the writ petition are admitted and may be briefly indicated. THE petitioner was convicted by the learned Judicial Magistrate, 1st Class, Sheikhpura in G.R. No. 269 of 1999/T.R. No. 285 of 2000, (State of Bihar vs. Awadh Ram and Another), on 6.12.2000, under the provisions of Section 25(1-B)A read with Section 26 of the Arms Act. He has been sentenced to undergo simple imprisonment for a period of one year for his conviction under Section 25(1-B)A of the Arms Act, and he has been further sentenced to undergo simple imprisonment for a period of eight months for his conviction under Section 26 of the Arms Act. Both the sentences were to run concurrently. His appeal has been dismissed. THE petitioner served the full sentence, and was released after the delay of two months and two days. In other words, the admitted position is that he has remained in custody in excess. He was in custody in excess of two months and two days.