Shekshpear vs State Of Chhattisgarh
2021 Latest Caselaw 1591 Chatt

                         HIGH COURT OF CHHATTISGARH, BILASPUR
                                              Order Sheet
                                        WPCR No. 387 of 2021

                                Shekshpear Versus State Of Chhattisgarh




05.08.2021

Shri Rohitsva Singh, counsel for the petitioner.

Shri Rakesh Sahu, Dy. Government Advocate for the State. Learned counsel for the petitioner would submit that the petitioner has already availed remission under Section 432(2) Cr.P.C. vide order dated 04.09.2019. Jail Manual Rule 358 also provides that the petitioner can be released after completion of 14 years of prison.

It seems that petitioner has already undergone jail sentence for more than 26 years.

State has not filed its return. The State is directed to file return and place on record whether provisions under Section 432 Cr.P.C. has been followed or not.

Learned counsel for the petitioner referred judgment of Hon'ble Supreme Court in case of Imran Jalal @ Bilal Ahmed @ Kota @ Saleem @ Hadi vs State of Karnatka passed in Criminal Appeal No. 636 of 2021 decided on 19.07.2021 wherein Hon'ble Supreme Court has held that both the punishments will run separately is incorrect as per the judgment of the Hon'ble Supreme Court passed in the case of Muthuramalingam v. State reported in (2016) 8 SCC 313 wherein Hon'ble Supreme Court has held that the punishments should run together, therefore, the present petitioner is also entitled to be released.

List this case on 17th August, 2021.

Sd/-

(Narendra Kumar Vyas) JUDGE Deshmukh