GUJAR KARMALI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned Counsel for the parties. Although learned JC to GP II is present, no counter affidavit has been filed on behalf of the respondents in the present writ application.

(2.) Learned Counsel for the petitioner, in this writ application, has prayed for release of the petitioner, namely, Gujar Karmali, who is in custody in connection with Petarbar P.S. Case No. 96 of 1992 (convicted and sentenced by learned 5th Additional Sessions Judge, Bermo vide Sessions Trial No. 140 of 1998).

(3.) Learned Counsel submits that this petitioner confessed his guilt, as he had already served the sentence for more than five years for the offences under Sections 307/149 of the Indian Penal Code. Consequent upon his confession, the learned 5th Additional Sessions Judge, Bermo, by order dated 22nd August, 2003, passed in Sessions Trial No. 140 of 1998, convicted him under Sections 307/149 of the Indian Penal Code and sentenced him to undergo simple imprisonment for five years and also to undergo simple imprisonment for six months each for the offence, punishable under Sections 323 and 225B of the Indian Penal Code. However, the sentences were ordered to run con-currently.