A criminal convict seeking concurrent execution of sentences across states and release on leave found no cause of action as he had completed Chhattisgarh sentences and was serving the remaining term in Madhya Pradesh.
Writ petition disposed off reserving liberty to the petitioner.
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[Writ Petition (Criminal) No. 64 of 2022]
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Writ Petition (Criminal) No. 64 of 202 2
Raju @ Bhole Rajwade, S/o Ghasiram Rajwade, aged about 22 years, R/ o Kharwad, Cherwapara, Police Station Charcha, District Korea, (Chhattisgarh) through his Brother- Mahesh Rajwade, S/o Ghasiram Rajwade, aged about 40 years, R/o Kharwad, Cherwapara, Police Station Charcha, District Korea, (Chhattisgarh)
---- Petitioner
Versus
---- Respondents
For Petitioner : Mr. Ravipal Maheshwari, Advocate For State/Respondents : Mr. Avinash Singh, Panel Lawyer
Division Bench
Hon'ble Shri Justice Sanjay K. Agrawal &
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[Writ Petition (Criminal) No. 64 of 2022]
Hon'ble Shri Justice Radhakishan Agrawal
Order On Board (17.03.2023)
Sanjay K. Agrawal, J
1. In this writ petition filed under Article 226 of the Constitution of India, the petitioner is seeking a direction to the respondents-authorities to concurrently run/serve out the sentences imposed upon him by the learned trial Court in Sessions Trial No.346 of 2004 and Sessions Trial No.133 of 2007 and grant him remission and to further direct for his release on leave under the provisions of the Chhattisgarh Prisoner’s Leave Rules, 1989.
2. A bare perusal of the pleadings and documents filed alongwith the instant petition and the return filed by the State would show that present petitioner in Sessions Trial No.346 of 2004 has been convicted for offences under Sections 302/34 & 397 of IPC and sentenced to undergo life imprisonment and 07 years’ rigorous imprisonment with fine and default stipulations vide judgment dated 12.09.2006 by the Court of Additional Sessions Judge, Baikunthpur, District Korea (Chhattisgarh), whereas in Sessions Trial No.133 of 2007 he has been convicted for offences under Sections 224, 307/34, 333 & 353 of IPC and sentenced to undergo 02-02 years’ and 10-10 years’ rigorous imprisonment respectively with fine and default stipulations vide judgment dated 15.04.2013 by the Court of
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[Writ Petition (Criminal) No. 64 of 2022]
Sessions Judge, Baikuthpur, District Korea (Chhattisgarh). Further, the present petitioner has also been convicted for offences under Sections 302, 394, 201 & 120-B of IPC and sentenced to undergo life imprisonment, 10 years’ and 05 years’ rigorous imprisonment respectively with fine and default stipulations vide judgment dated 29.01.2013, in Sessions Trial No.145 of 2004, by the Court of Additional Sessions Judge, Shahdol, District Shahdol (Madhya Pradesh).
3. Thus, under this factual backdrop this Court by order dated 03.03.2023 directed learned State counsel to file additional affidavit and clarify the position in this regard.
4. In compliance of this Court’s order dated 03.03.2023, respondentState has filed additional affidavit, wherein in Para-03 & 04 it has been stated as under:
“ 3. That, it is humbly submitted that, so far as the sentence passed to the present petitioner in Sessions Trial No. 346/2004 and 133/2007, passed by the learned Court of the Additional Sessions Judge/ Sessions Judge, Baikunthpur, District: Korea (C.G.) vide their orders dated 12.09.2006 and 15.04.2013 respectively wherein, the remission has already been granted to the present petitioner. However, so far as the sentence passed to the petitioner in Sessions Trial No. 145/2004, passed by the learned Additional
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[Writ Petition (Criminal) No. 64 of 2022]
Sessions Judge, Shahdol, District: Shahdol (M.P.) vide its order dated 29.01.2013 is concerned, in this regard, it is humbly submitted that, on 27.02.2022, a letter has been issued by the Jail Superintendent, Central Jail Ambikapur, District: Surguja (C.G.) addressed to the Superintendent, Central Jail, Rewa, District: Rewa (M.P.) regarding transfer of the present petitioner/prisoner for undergoing the remaining sentence in Sessions Trial No. 145/2004, passed by the learned Additional Sessions Judge, Shahdol, District: Shahdol (M.P.) vide its order dated 29.01.2013. By the letter dated 27.02.2022, it has also been informed to the Superintendent, Central Jail Rewa that, the present petitioner/prisoner has already completed his sentence in the State of Chhattisgarh and there is no pending case of him in the State of Chhattisgarh, therefore, for the remaining sentence, he has been sent to Central Jail Rewa for undergoing his remaining sentence. Copy of the letter dated 27.02.2022, is being annexed herewith as ANNEXURE R/A for kind perusal of this Hon'ble Court.
4. That, in pursuant to the aforesaid letter dated 27.02.2022 Annexure R/A, the office of the Jail Superintendent, Central Jail Rewa (M.P.) has duly informed to the Jail Superintendent, Central Jail Ambikapur, District: Surguja (C.G.) to the effect that, for undergoing his remaining sentence, the present petition has admitted in the Central Jail Rewa on 28.02.2022 on being transferred from the Central Jail
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[Writ Petition (Criminal) No. 64 of 2022]
Ambikapur and since then, he is in Jail in Madhya Pradesh for undergoing his remaining sentence vide his information letter dated 14.11.2022. Copy of the letter dated 14.11.2022, is being annexed herewith as ANNEXURE R/B for kind perusal of this Hon'ble Court.”
5. In view of aforesaid submissions, since the sentences imposed upon the petitioner in Sessions Trial No.346 of 2004 and Sessions Trial No.133 of 2007 by the Court of Additional Sessions Judge/Sessions Judge, Baikuthpur, District Korea (Chhattisgarh) have already been completed after granting him remission and at present petitioner has been transferred to Rewa (State of Madhya Pradesh) and languishing at Central Jail, Rewa to serve out his conviction and sentence imposed upon him in Sessions Trial No.145 of 2004 by the Court of Additional Sessions Judge, Shahdol, District Shahdol (Madhya Pradesh), therefore, at this stage no cause of action survives to be adjudicated in the present writ petition.
6. Accordingly, the writ petition is disposed off reserving liberty in favour of the petitioner to proceed in accordance with law.
Sd/Sd/- (Sanjay K. Agrawal) (Radhakishan Agrawal) Judge Judge
s@if
2 issues framed by the court
Whether the writ petition for simultaneous execution of sentences across states and release on leave has cause of action.
Whether the petitioner has completed sentences in Chhattisgarh and is serving remaining term in Madhya Pradesh.
1 provisions across 1 enactments
Raju @ Bhole Rajwade
State of Chhattisgarh, through The Home Secretary
Director General of Police, Chhattisgarh
Jail Superintendent of Police, Central Jail Ambikapur
Superintendent of Police, Ambikapur
Sanjay K. Agrawal
Radhakishan Agrawal
As recorded by the court registry
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