Sri Chand Pasha @ Chand vs State Of Karnataka
2021 Latest Caselaw 5940 Kant

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       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 10TH DAY OF DECEMBER, 2021

                         BEFORE

          THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT

        WRIT PETITION NO.19391 OF 2021 (GM-POLICE)

BETWEEN:
SRI. CHAND PASHA @ CHAND
@SHEIKH CHAND
S/O SAB JAHN
AGED ABOUT 37 YEARS
R/AT MOSQUE ROAD
MADINA NAGAR
MANGAMMANAPALYA
BANGALORE-560 068
                                             ...PETITIONER
(BY SRI. B.V.PINTO, ADVOCATE)

AND:

1.     STATE OF KARNATAKA
       BY UNDER SECRETARY TO GOVT.,
       HOME DEPARTMENT
       VIDHANA SOUDHA,
       BANGALORE-560 001

2.     ADDL. DIRECTOR GEN OF POLICE
       & INSPECTOR GENERAL OF PRISONS,
       SESHADRI ROAD
       BENGALURU- 560009,

3.     CHIEF SUPERINTENDENT
       CENTRAL PRISON
       BANGALORE-560 100.
                                          ...RESPONDENTS
(BY SRI. VINOD KUMAR, AGA)


     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO RELEASE
FORHWITH AS ANNEXURE-A HAVING SERVED THE ENTIRE
SENTENCE IN S.C.NO.430/2007 ON THE FILE OF THE
ADDL.SESSIONS JUDGE FTC XIV.CCC, BANGALORE CITY AND
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BY JUDGMENT DATED 22.07.2010 IN THE INTEREST OF
JUSTICE.

     THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:

                             ORDER

Shorn of bulky Petition Papers, the prayer of the

petitioner is that he be released from the prison walls on the

ground that he has already served fourteen years of

imprisonment on being convicted inter alia for the offence of

murder and sentenced for life imprisonment.

2. Learned AGA on request having accepted notice

for the respondents, opposes the Writ Petition vehemently

contending that the conviction for the offences in question

and the sentence of life imprisonment mean the

imprisonment for the rest of entire life and that the convict

has to breathe his last in the gaol itself; so contending, he

seeks dismissal of the Writ Petition.

3. Having heard the learned counsel for the parties

and having perused the Petition Papers, this court finds that

the petitioner having been duly convicted after trial inter alia

for the offence of murder has been sentenced to undergo life

imprisonment; there is a lot of force in the submission of

learned AGA that "life imprisonment" means the

imprisonment for the rest of life and that the convict has no

option than to breathe his last in the prison itself; this is

supported by the decision of the Apex Court in STATE OF

M.P. VS. RATAN SINGH (1976) 3 SCC 470.

"A sentence of imprisonment for life means a sentence for the entire life of the prisoner unless the appropriate Government chooses to exercise its discretion to remit either the whole or a part of the sentence under Section401 of the Code of Criminal procedure".

In the above circumstances, the petition being devoid of

merits, is liable to be dismissed and accordingly it is, costs

having been made easy.

Sd/-

JUDGE

RR