Palusa Madhusudhan Goud vs The State Of Telangana And Another
2022 Latest Caselaw 4508 Tel

     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.

Dr.CSL,J Crl.P.No.3983 of 2022

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

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.

Dr.CSL,J Crl.P.No.3983 of 2022

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