LAXSMAN SINGH Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) THE petitioner, by name Lakshman Singh of New Delhi, who is now confined in Central Jail No. 2, Tihar, New Delhi, has filed this Petition seeking for a direction to the respondents to produce him before this Court and set him at liberty.

(2.) BASED on the averments made in the affidavit filed in support of the above petition, this Court directed the learned Government Advocate to get instruction with reference to the grievance expressed by the petitioner. Pursuant to the same, on behalf of the second respondent, Additional Director General of Prisons, Chennai-8, Tamil Nadu, has filed counter affidavit, highlighting various aspects.

(3.) IT is seen that the petitioner herein, who is a life convict and now confined in Central Prison, Tihar, New Delhi, was convicted under Sections-302 read with 34, 148, 449 and 395 read with 397 IPC. and sentenced to undergo imprisonment for life, RI for 3 years, RI for 10 years (2 counts) respectively, the sentences to run concurrently, in S. C. No. 139 of 1985, by Judgment dated 31. 12. 1986 of the Sessions Court, Chengleput. He was sent to Central Jail, Tihar, on 12. 05. 1990. It is further seen that the petitioner was admitted in Prison on 10. 06. 1985 as a remand prisoner and sentenced to imprisonment on 31. 12. 1986. When he was transferred to Central Jail, Tihar, he had escaped from Police custody at the Court of New Delhi and remained at large from 01. 06. 1991 to 22. 8. 1991. On another occasion, when he was released on leave as per orders of the Supreme Court from 23. 05. 1992 to 31. 5. 1992, he absconded and later recaptured only on 17. 2. 1993. As such, he remained at large for a total period of 352 days. According to the information furnished by the Additional director General of Prisons, the petitioner completes 20 years of actual sentence on 05. 06. 1 006. It is also brought to our notice that his earlier petition in HCP no. 886 of 1999, requesting to release him, was dismissed by this Court on 30. 08. 1999. Subsequently, he filed Writ Petition (Crl.) No. 187 of 2004 before the Hon'ble Supreme Court and the same was also dismissed on 25. 02. 2005.