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Judgment
Head counsel for the parties. The petitioner was arrested in connection with a criminal case on 20.6.1981 and thereafter remained in custody till 21.7.1982. He was however, released on bail on 22.7.1982.
It appears that in another criminal case, the petitioner was arrested on 12.9.1984 and remained in custody in that case till 14.2.1985 when he was granted bail. Thereafter the petitioner was convicted in Sessions Trial No. 130 of 1981 on 25.8.1987 and has remained in custody thereafter.
The petitioner prays that his case may be considered for premature release u/s 433 (a) of the Code of Criminal Procedure. The aforesaid section after its amendment provides that the minimum sentence which must be undergone by a convict should be 14 years, if the offence is punishable with death, as in this case. The only question, therefore, which arises for consideration is whether the period during which the petitioner was under detention in connection with another criminal case from 12.9.1984 to 14.2.1985 should be taken into consideration for computing the period of actual detention of the petitioner. Counsel for the petitioner does not dispute the fact that in Sessions Trial No. 130 of 1981 he was released on bail on 22.7.1982. He also submits that in connection with another criminal case, he was arrested on 12.9.1984 and he was released on 14.2.1985. His submission however, is that while he was in custody in connection with another criminal case, a production warrant was issued by the Sessions Court in Sessions Trial No. 130 of 1981. He submits that since he was produced in Sessions Trial No. 130 of 1981 pursuant to a production warrant issued by the Court, he should be considered under detention in Sessions Trial No. 130 of 1981 as well, and for this purpose, he relies upon a certificate granted by the Superintendent of Jail, Ara.
The submission urged on behalf of the petitioner must be rejected, in Sessions Trial No. 130 of 1981, the petitioner was released on bail on 22.7.1982. Since the petitioner was thereafter arrested in connection with another case, the Court trying the Sessions Trial No. 130 of 1981 had necessarily to issue a production warrant for his production in the case. That would not lead to the inference that the petitioner was detained in custody in Sessions Trial No. 130 of 1981.
In these circumstances, the period of detention from 12.9.1984 to 14.2.1985 cannot be taken into account for the purpose of Section 433(a) of the Code of Criminal Procedure. Since the petitioner has not undergone the requisite minimum period of detention, no direction can be issued for consideration of his case for premature release at this stage. However, after the petitioner completes the period of custody of 14 years, his case may be considered u/s 433(a) of the Code of Criminal Procedure. This writ petition is dismissed.