Madhya Pradesh High Court
Atul Shukla vs The State Of Madhya Pradesh Judgement ... on 11 September, 2013
M.Cr.C. No.3811/2009
11.09.2013 Shri S.K. Pathak, counsel for the applicant.
Shri G.S. Thakur, Panel Lawyer for the
respondent/State.
Heard the learned counsel for the parties. The applicant has moved the present petition under Section 482 of Cr.P.C. with the pretext that the jail authority are not complying with the judgment dated 20.4.2005 passed by the J.M.F.C. (Shri A.K. Singh), Jabalpur in Criminal Case No.1667/2004, whereby the applicant was convicted for the offence punishable under Section 224 of IPC and sentenced with 1½ years, whereas his custody period of two years and 23 days was directed to be adjusted towards the sentence.
After considering the submissions made by the learned counsel for the parties, it is apparent that the sentence directed vide judgment dated 20.4.2005 was already completed as the applicant was in custody in that case from the date of arrest and therefore, no adjustment is required in the sentence passed by that judgment. It appears that the jail authority are adjusting various "Mafis" of the applicant due to that sentence in the case, in which the applicant is in custody for his conviction and sentence of life imprisonment. However, the jail authority are directed to observe the strict compliance of the judgment passed by the learned J.M.F.C. that the entire sentences have already been undergone by the applicant during the trial and therefore, the sentence passed in the judgment dated 20.4.2005 should not be executed thereafter.
With the aforesaid directions, the present petition under Section 482 of Cr.P.C. is hereby disposed off.
C.C. as per rules.
(N.K. GUPTA) JUDGE pnkj