The State of Andhra Pradesh & Anr. vs Vijayanagaram Chinna Reddappa

Court

Supreme Court of India

Date

28 April 2023

Case No.

Criminal Appeal No. 1313 of 2023

Result

Dismissed

Bench

V. Ramasubramanian, Pankaj Mithal

Citation

[2023] 5 S.C.R. 485 : 2023 INSC 726

Headnote

Code of Criminal Procedure, 1973 – ss.426(2)(b), 427(2) – Interplay between – Held: While s.426 covers the case of an escaped convict, clause (b) of sub-section (2) thereof creates a conundrum in respect of life convicts – But s.427, though does not deal with the case of an escaped convict, provides enough room for finding out how a sentence imposed on a subsequent conviction, in respect of a life convict, should be handled – Application of s.427(2) by the High Court to the case on hand is perfectly in order – Detenu to be set at liberty – Sentencing.

The following Order of the Court was passed: ORDER Leave granted. The State of Andhra Pradesh has come up with the above appeal, challenging an order of the Division Bench of the High Court of Andhra Pradesh issuing a writ of Habeas Corpus directing the Superintendent of the Central Prison, Kadapa to set at liberty, a convict by name P. Reddy Bhaskar (Convict No.5357). We have heard the learned Standing Counsel for the State of Andhra Pradesh and Mr. Seshadri Naidu, the learned senior counsel for the respondent. The detenu was prosecuted in Sessions Case No.139/2006 for an offence under S

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