Application of Section 426 IPC in Detenu’s Case

We have heard the learned Standing Counsel for the State of Andhra Pradesh and Mr. It appears that immediately following the conviction for the offence under Section 302 IPC, the detenu was also convicted in another case in Case No.260/2006 for an offence of kidnapping under Section 365 IPC. Even after the issue of the Government order, the detenu was not released from jail on the ground that the sentence of imprisonment 2 awarded in Case No.260/2006 should start running from the date of grant of remission in the first case.

Sentence on offender already sentenced for another offence.-(1) When a person already undergoing a sentence of imprisonment is sentenced on a subsequent conviction to imprisonment or imprisonment for life, such imprisonment or imprisonment for life shall commence at the expiration of the imprisonment to which he has been previously sentenced, 3 unless the Court directs that the subsequent sentence shall run concurrently with such previous sentence: Provided that where a person who has been sentenced to imprison- ment by an order under section 122 in default of furnishing security is, whilst undergoing such sentence, sentenced to imprisonment for an offence committed prior to the making of such order, the latter sentence shall commence immediately. Therefore, the case of the detenu would obviously be covered by Section 426(2)(b), which deals with case of an escaped convict, already serving a sentence severer in kind, but imposed with a less severe sentence in respect of a subsequent conviction. Therefore, Section 426(2)(b) cannot be taken to have included within its fold, the case of a life convict, since in the case of life convict no portion of the sentence remains unexpired, in the technical sense. by the High Court to the case on hand, is perfectly in order and the appeal deserves to be dismissed.

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Case Number: Crl.A. No.-001313-001313 / 2023

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