Shree Kant Pandey and Others vs State of Bihar and Others

The petitioners have filed the present writ application for a direction to the respondents to release them from the custody on the ground that they have completed the period of sentence as has been awarded to them. Admitted fact is that these petitioners have been convicted in two cases and sentenced to undergo rigorous imprisonment for life. Their conviction has been maintained up to the Supreme Court in both the cases. The point raised on behalf of them is that the period already undergone by them in the earlier case either during the investigation or the trial should be counted for calculating the period of detention in the subsequent case and if that is counted then they have completed the period of sentence as per the rules and accordingly a direction should be issued for their release.

The point in controversy has been settled by the Apex Court in the case of State of Maharashtra and Another Vs. Najakat Alia Mubarak Ali, , wherein it has been held that the period during which the accused was in prison subsequent to the inception of a particular case, should be credited towards the period of imprisonment awarded as sentence in that particular case. It is immaterial that the prisoner was undergoing sentence of imprisonment in another case also during the said period. The words ''of the same case'' were used to refer to the presentence period of detention undergone by him. It was further held that if the convict was in prison, for whatever reason, during the stages of investigation, inquiry or trial of a particular case and was later convicted and sentenced to any term of prisonment in that case the earlier period of detention undergone by him should be counted as part of the sentence imposed on him.

In view of the settled law, now the respondents-authorities have to consider the question as to whether as per the law laid down by the Supreme Court and the relevant rule of the jail, the convicts have completed the period of sentence awarded in both the cases by counting in the manner as indicated above? Accordingly, the writ application is allowed and the jail authorities are directed to consider the case of the petitioners in the light of the observations made above.