ROSHAN Vs. STATE OF RAJASTHAN & OTHERS

JUDGEMENT

(1.) The petitioner is undergoing the sentence of imprisonment on account of the order of conviction passed by the Court under Sec. 302 of the Indian Penal Code. His detention is not illegal.

(2.) This Habeas Corpus Petition has been filed for premature release.

(3.) The basic question which comes for consideration is whether the Habeas Corpus Petition is maintainable or not. Such a petition lies only in case the detention is illegal.