Saroj Sharma v. Secretary to Government of Tamil Nadu Department of Home, Fort St. George
2014-10-08
P.N.PRAKASH, S.RAJESWARAN
body2014
DigiLaw.ai
Judgment P.N. Prakash, J. 1. It is the case of the petitioner that her husband, Anilkumar Sharma, who is a convict prisoner, should have been released from imprisonment, as he had already undergone the period of sentence of imprisonment that was imposed upon him by the Additional Special Judge, Krishnagiri in S.C.No.174/2008 on 12.08.2010. 2. We ordered notice to the respondents and a detailed counter affidavit has been filed, from which the following facts emerged. [a] Anilkumar Sharma was tried in S.C.No.174/2008 by the Additional Special Judge, Krishnagiri and was convicted and sentenced as follows by judgment dated 12.08.2010. Section of law Conviction and Sentence U/s 397 IPC 7 yrs R.I. and to pay a fine of Rs.300/-, i/d 2 months R.I. U/s 450 IPC 2 yrs R.I. and to pay a fine of Rs.200/-, i/d one month R.I. U/s 342 IPC 6 months R.I. The sentences were directed to run concurrently. [b] It appears that he was involved in several cases, both in the State of Tamil Nadu as well in Karnataka and Andhra Pradesh. Therefore, he is being transferred from one prison to another prison on the orders of various Courts, by issuance of P.T. Warrant u/s 267 Cr.P.C. 3. The grievance of the petitioner is that her husband should have been released from prison as he had undergone the maximum period of 7 years imprisonment that was awarded to him by the Additional Special Judge, Krishnagiri on 12.08.2010 in S.C.No.174/2004. It is further averred by the petitioner that the trial Court had failed to give set off u/s 428 Cr.P.C and therefore, a petition in Crl.O.P.No.17829/2013 was filed by Anilkumar Sharma himself before this Court, for a direction to the trial Court to give set off u/s 428 Cr.P.C. Final orders in this petition were passed by the learned single Judge of this Court on 10.10.2013, directing the trial Court to calculate the period of pre-conviction detention that was undergone by Anilkumar Sharma for the case in S.C.No.174/2008 [Guruparapalli P.S. Cr.No.250/2002]. Pursuant to the said order of the learned single Judge, the Additional Special Judge, Krishnagiri has calculated the period of detention that was undergone by Anilkumar Sharma in the case in S.C.No.174/2008 and the same has been determined as 802 days from 02.06.2008 to 12.08.2010.
Pursuant to the said order of the learned single Judge, the Additional Special Judge, Krishnagiri has calculated the period of detention that was undergone by Anilkumar Sharma in the case in S.C.No.174/2008 and the same has been determined as 802 days from 02.06.2008 to 12.08.2010. This was also communicated by the learned Additional Special Judge to the Central Prison, Salem, by letter dated 19.12.2013, as Anilkumar Sharma was undergoing the period of imprisonment there. 4. In the counter affidavit that has been filed by the prison authorities it has been clearly stated that, the set off period recommended by the Special Judge has been reckoned and the following calculation has been given: “ Y M D Under trial period [02.06.2008 to 11.08.2010] 02 02 10 Actual period undergone from [02.08.2010 to 07.08.2014] Parole period : Nil 03 11 25 Remission Earned upto July 2014 00 06 06 Un-expired portion of Sentence 00 03 19” 5. From the above calculation it is clear that, the prison authorities have given set off u/s 428 Cr.P.C. as determined by the trial Court and it cannot be said that Anilkumar Sharma continues to be in illegal custody, even after the period of sentence had expired. At present, Anilkumar Sharma has been transferred to Central Prison, Gulbargah in State of Karnataka as there are other cases that are pending against him. In the result, this petition is dismissed as devoid of merits.