Madhya Pradesh High Court
Ravi Kumar vs The State Of Madhya Pradesh on 13 January, 2022
Author: Vishal Dhagat
1
The High Court Of Madhya Pradesh
WP No. 4667 of 2021
(RAVI KUMAR Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Jabalpur, Dated : 13-01-2022
Heard through Video Conferencing.
Shri S. K. Pathak, learned counsel for petitioner.
Shri Anvesh Shrivastava, learned P.L for respondent/State.
Petitioner has filed this petition making a prayer for direction to jail
authorities to release the petitioner immediately from jail as he has completed
life term sentence and further had made a prayer for awarding compensation
of Rs.5 Lakhs for detaining him illegally after completion of term of jail
sentence.
Learned counsel for petitioner submitted that petitioner was convicted
for committing offence under sections 148, 452 and 149/302 of IPC and
sentenced to imprisonment for term of 3 years and fine of Rs.500/- for
committing offence under section 148; for 3 years and fine of Rs.500/- for
offence under section 452 and for Life Imprisonment with fine of Rs.1,000/-
for offence under section 149/302 of IPC. In default of payment of fine
amount, petitioner has to undergo additional R.I for 6 months. It was
specifically mentioned in the said judgment that all sentences will run
concurrently.
It is submitted that petitioner had already completed 15 years jail
sentence and he has been given remission of 95 months. It is submitted that
he had completed 15 years of substantive jail sentence and including
remission he had completed 22 years and 7 months in jail. On aforesaid
ground, learned counsel for petitioner prays for allowing the writ petition.
Learned Panel Lawyer appearing for the respondent/State submitted
that he had filed document Annexure D/1 showing the total period of
petitioner in jail custody. As per the report which has been sent by
Superintendent Jail, Satna dated 11.11.2021, petitioner is in jail for last 15
Signature Not years and 17 days. Remission period has not been mentioned in the
SAN
Verified
Digitally signed by
MONSI M SIMON
Date: 2022.01.14
11:54:45 IST
document. However, petitioner has filed the certificate which shows the
period of remission which has been granted to petitioner. Learned Panel
Lawyer has relied on circular dated 10.1.2012 and submitted that case of
petitioner is covered by 1(A)(3). As per said circular if a prisoner who is
sentenced with Life Imprisonment and alongwith Life Imprisonment he has
been sentenced to imprisonment for 10 years then such prisoner shall be
released from jail when he had completed 16 years substantive sentence and
had completed 22 years in jail including remission. Since petitioner had
completed only 15 years and 17 days in jail, therefore, he is not entitled to be
released from jail. Petitioner will be entitled for being released from jail when
he has completed 16 years of substantive jail sentence.
On the contrary, learned counsel for petitioner submitted that petitioner
is covered by circular 1(A)(2) of circular dated 10.1.2012. Petitioner has
been imposed sentence of Life Imprisonment and also sentences of 3 years
on two counts and additionally R.I for 6 months in default of fine, therefore,
petitioner ought to have been released from jail on completing 15 years of
substantive jail sentence and 21 years in jail including remission.
Heard learned counsel for the parties.
From perusal of circular dated 10.1.2012 it is clear that petitioner will
fall within clause 1(A)(2) of circular dated 10.1.2012. Sentence of 3 years
awarded under section 148 and 3 years under section 452 of IPC, is not to be
added and it cannot be said that petitioner has been convicted with life
imprisonment alongwith sentence of more than 5 years. It is mentioned in the
judgment that sentences are to run concurrently, therefore, petitioner will be
covered by Clause 1(A)(2) of circular dated 10.1.2012.
In view of same, respondents are directed to forthwith release the
petitioner from jail.
List the matter in the week commencing from 14.2.2022 for
consideration of compensation to be paid to petitioner.
C.C as per rules.
Signature
SAN Not
Verified
Digitally signed by
MONSI M SIMON
Date: 2022.01.14
11:54:45 IST
(VISHAL DHAGAT)
JUDGE
mms
Signature
SAN Not
Verified
Digitally signed by
MONSI M SIMON
Date: 2022.01.14
11:54:45 IST
