Lakshmikant Sen vs State Of Chhattisgarh
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Chattisgarh High Court

Lakshmikant Sen vs State Of Chhattisgarh on 13 June, 2025

                                                               1




                                                                         2025:CGHC:24114

                                                                                                 NAFR

                                   HIGH COURT OF CHHATTISGARH AT BILASPUR


                                                  CRMP No. 1827 of 2025

                      1 - Lakshmikant Sen S/o Ramesh Sen Aged About 32 Years R/o Sakin, Village
                      Koundkera, P.S. And Tahsil Rajim, District Gariyaband Chhattisgarh.
                                                                                     ... Petitioner(s)

                                                            versus

                      1 - State Of Chhattisgarh Through P.S. Rajim, District Gariaband Chhattisgarh.
                                                                                           ... Respondent(s)

(Cause title taken from Case Information System)

Office Reference

For Respondent(s)/State : Mr. Ajit Singh, Govt. Advocate

Hon'ble Shri Justice Ravindra Kumar Agrawal

Order on Board

13/06/2025

1. This is the office reference initiated on request letter dated 15.01.2025,

sent by the Additional Sessions Judge, Gariyaband through the Principal

District and Sessions Judge, Raipur with respect to a direction regarding

issuance of supersession warrant to release the accused Lakshmikant

Sen, who is detained in Central Jail, Raipur.

2. The accused Lakshmikant Sen was charged for the offence under VEDPRAKASH DEWANGAN Section 307 of IPC and was sentenced vide judgment of conviction an

sentence dated 21.11.2022 by the Additional Sessions Judge,

Gariyaband, in Sessions Case No. 44 of 2018 and was convicted for the

offence under Section 307 of IPC and was sentence RI for 07 years. The

accused had filed a Criminal Appeal No. 85 of 2023, which came up for

hearing on 14.10.2024 and the conviction of the accused was altered and

he has been convicted for the offence under Section 326 of IPC and

sentenced RI for 04 years. While considering the undergone period of the

accused, in para 19 of the judgment dated 14.10.2024, passed by this

Court, due to typographical error, it comes that the accused is in jail "from

21.05.2018 to 24.12.2018 and from 21.11.2020 to till date, and thereby he

remained in jail for the total period of about 04 years 06 months",

whereas the correct date of his incarceration is "in jail from 21.05.2018

to 24.12.2018 and from 21.11.2022 to till date and thereby he

remained in jail for the total period of about 02 years, 05 months and

26 days". The date of incarceration period of the accused is due to

typographical error. The accused is substantially sentenced for RI for 04

years for the offence under Section 326 of IPC and his incarceration

period should have been calculated as per the record and not on the

basis of the period shown in para 19 of the judgment dated 14.10.2024,

passed by this Court in Criminal Appeal No. 85 of 2023.

3. It is made clear that, the accused Lakshmikant Sen s/o Ramesh Sen has

been convicted for the offence under Section 326 of IPC and sentenced

RI for 04 years, and therefore, he should be released after completion of

his 04 years of sentence as per the applicable rules and jail manual,

subject to modification/alteration by the superior court in any appeal or

revision.

4. With the aforesaid observation, the CRMP is disposed of.

5. The concerned trial Court should be informed about this order,

accordingly.

Sd/-

(Ravindra Kumar Agrawal) Judge ved