ERPULA SUGUNA Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Writ Petition, under Article 226 of the Constitution of India, is filed by the petitioner, seeking the following relief:

(2.) Briefly stated, vide judgment dtd. 13/1/2016 passed in S.C.No.23 of 2015 by the Special Judge for Trail of cases under POSCO Act-cum-I Additional Sessions Judge, Warangal, Erpula Ramu @ Velpula Ramu, son of the petitioner, was convicted and sentenced to undergo Rigorous Imprisonment (R.I) for Life and to pay a fine of Rs.10,000.00 in default to suffer Simple Imprisonment (IDSI) for One (1) month for the offence under Sec. 376(2)(1)(i)(n) IPC; R.I for three (3) years and to pay a fine of Rs.500.00 IDSI for One (1) month each for the offences under Ss. 366-A and 347 IPC, R.I for two (2) years and to pay a fine of Rs.500.00, IDSI for One(1) month for the offence under Sec. 496 IPC and all the sentences were directed to run concurrently. While the son of the petitioner was undergoing the aforesaid imprisonment, he was convicted and sentenced to undergo R.I for a period of three(03) years for the offence under Sec. 420 IPC vide judgment dtd. 21/3/2018 passed in C.C.No.1/2017 by the Principal Judicial First Class Magistrate, Mahabubabad. Since the accused was in judicial custody from 30/11/2015 to till the date of pronouncement of judgment i.e, 21/3/2018, the said period of detention undergone by him was set off under Sec. 428 Cr.P.C. It is further case of the petitioner that aggrieved by the conviction and sentence passed in S.C.No.23 of 2015 dtd. 13/1/2016, her son preferred Criminal Appeal No.241 of 2016 on the file of this Court and in the said appeal, this Court vide order dtd. 10/1/2023 granted bail and the son of the petitioner submitted surety bonds and release orders were also passed. It is further case of the petitioner that as per the conviction orders passed in C.C.No.1 of 2017, the convict prisoner is in judicial custody from 30/11/2015 to till the date of pronouncement of orders i.e, 21/3/2018 and the said period of detention was given set off under Sec. 428 of Cr.P.C. It is the case of the petitioner that while undergoing life imprisonment, her son being as under trial prisoner participated in the trial in C.C.No.1 of 2017 on the file of Principal Judicial First Class Magistrate, Mahabubabad and while undergoing the sentence of imprisonment for life and convicted and sentenced to undergo R.I for three years, for the offence under Sec. 420 IPC and three years period shall commence from 30/11/2015 to 29/11/2018 and as such, he is entitled to be released from the jail as both the sentences run concurrently. Therefore, the petitioner made a representation dtd. 13/5/2023 to the respondent No.2 along with the bail order but the jail authorities failed to release the son of the petitioner under wrong impression that three years sentence period not yet completed and kept the petitioner's son in Jail without any valid reason and the said action amounts to illegal detention of her son. Therefore, the petitioner prays this Court to direct the respondent No.2 to release her son forthwith.

(3.) A counter affidavit has been filed by the respondent No.2 inter alia stating that petitioner's son-Velpula Ramu, Convict Prisoner No.4631, was received by transfer from Central Prison, Warangal and admitted in Central Prison, Cherlapally, on 10/6/2021 to undergo the following sentences: