PRAHLAD Vs. STATE

JUDGEMENT

(1.) THIS is an application by Prahlad under sec. 491 (1) (a) of the Code of Criminal Procedure, and has arisen in the following circumstances.

(2.) THE applicant was convicted by a First Class Magistrate of Jodhpur on the 20th of July 1949 and sentenced to two years' rigorous imprisonment. He was confined in the Central Jail at Jodhpur and remained there up to the 6th of January 1950. On that date he was sent to Ajmer to stand his trial in that State in connection with some offence. He remained in Ajmer Jail from the 6th of January 1950 to the 31st of January 1951 when he was convicted by the Ajmer court to one year's rigorous imprisonment. During this period he appears to have been treated as an under-trial prisoner in the Ajmer Jail, THEreafter, he remained in the Ajmer Jail for a further period up to the 23rd of December 1951 as a convict. THEn on that date he was sent back to the Central Jail at Jodhpur and has remained there all along as a convict. His case is that he was sentenced to two years' rigorous imprisonment by the Jodhpur court and to one year's rigorous imprisonment by the Ajmer court, i. e. , in all to a total period of three years' rigorous imprisonment. THE conviction in the Jodhpur court was on the 20th of July 1949 and therefore his sentence began to run from that date. Counting three years from the 20th of July 1949, the applicant claims that he should have been released on the 20th of July 1952 and that his detention thereafter by the Jail authorities at Jodhpur is against law.