HON'BLE Dr. JUSTICE CHILLAKUR SUMALATHA
CRIMINAL PETITION No.3983 of 2022
ORDER:
1. This Criminal Petition is filed questioning the default sentence that is imposed upon the petitioner by the Superintendent of Prisons, Central Prison, Cherlapalli.
2. Heard the submission of Smt. Y.Ratna Prabha, learned counsel for the petitioner and also learned Assistant Public Prosecutor who is representing Respondent Nos.1 & 2.
3. Learned counsel for the petitioner submits that the petitioner who is arrayed as Accused in C.C.No.118 of 2012 that stood pending on the file of the Court of V Special Magistrate, Hasthinapuram, completed the term of sentence and likewise the petitioner, who is also arrayed as Accused in C.C.No.122 of 2012 that stood pending on the file of the same Court also completed the sentence imposed through the said judgment but for the reasons best known, the Superintendent of Central Prison, Cherlapally, has not released the petitioner. 2
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4. Basing on the submission made by learned counsel for the petitioner and as no clarity is given even by the learned Assistant Public Prosecutor as to why the petitioner was not released from the prison, the report from the Superintendent of Central Prison, Cherlapally, was called for through the Member Secretary, Telangana State Legal Services Authority. The report submitted, is forwarded to this Court by the Member Secretary, Telangana State Legal Services Authority. In the report, the Superintendent of Central Prison, Cherlapally, narrated that though the substantive sentence of one year imprisonment in both the calendar cases is completed, the default sentence of one year for non-payment of fine which would run consecutively is not completed and therefore, he is not released.
5. On that, the authentic copies of judgments from the concerned Court are called for. A perusal of the judgments that were forwarded by the Court of V Special Magistrate, Hasthinapuram, in C.C.No.118 of 2012 and in C.C.No.122 of 2012 goes to show that in each case, the petitioner was sentenced to undergo simple imprisonment for one year and also to pay fine of Rs.10,00,000/- for the offence punishable 3 Dr.CSL,J Crl.P.No.3983 of 2022 under Section 138 of Negotiable Instruments Act, 1881. However, the default sentence is not indicated anywhere.
6. In the light of non-indication of default sentence, it is not known how the Superintendent of Central Prison, Cherlapally, came to a conclusion that the default sentence for non-payment of fine is one year. Learned Assistant Public Prosecutor failed to bring to the notice of this Court any rule or regulation in that regard which empowers the Superintendent of Central Prison, Cherlapally, to suo moto impose the default sentence for non-payment of fine. Also it is not brought to the notice of this Court that the judgments were challenged by the complainant in both the calendar cases. Therefore, keeping the petitioner in prison on the ground that he has to undergo default sentence is unjustifiable.
7. Hence, the Criminal Petition is allowed. The Superintendent of Central Prison, Cherlapally, is directed to release the petitioner forthwith in case his substantive sentences of one year imprisonment in both the calendar cases is completed.
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8. As a sequel, pending miscellaneous applications, if any, shall stand closed.
________________________________________ Dr.JUSTICE CHILLAKUR SUMALATHA Dt.08.09.2022 KL Note: C.C. by 13.09.2022.
KL