Law:

Section:

Criminal Procedure Code (V of 1898)----------S. 491-Habeas corpus -Petition for release of friend from illegal detention in prison on ground that prisoner earned such remissions as added to period of imprisonment already undergone covered period of sentence inflicted and as such he was entitled to release-Petitioner, however, unable to submit proof of remissions and praying for withdrawal of petition with permission to bring fresh one in High Court-With­ drawal allowed-Detention if illegal, held, would be a continuing wrong and petition for release from illegal detention can be filed at any moment. Aminul Haq, Advocate-on-Record for Petitioner. Nemo for Respondents. Dates of hearing : 22nd and 23rd June 1970. ORDER SAJJAD AHMAD, J.-This petition for special leave arises out of an application under section 491, of the Code of Criminal Procedure moved by toe petitioner Mazhar Hussain Bhuiya in the High Court at Dacca calling in question the continued detention of his relative and friend Hussain Ali who was lodged in the Central Jail, Dacca, as a convict under section 302 of the Pakistan Penal Code. It was alleged in the petition under section 491, of the Code of Criminal Procedure filed on the 24th March 1970, that the aforesaid Hossain Ali, who was convicted on the 15th August 1959, under section 302/34 of the Penal Code and sentenced to transportation for life, had served the sentence of imprisonment for about ten years and 6 months in jail at the time of the filing of the petition and that during this period he had earned a remission of 1201 days under the Jail Code and of another remission of 1200 days by the orders of the Provincial Government under section 401 of the Code of Criminal Procedure, and that adding the period of remissions to the substantive sentence of imprisonment already undergone, his imprisonment has already exceeded more than 17 years. It was submitted that under the combined effect of sections 55 and 58 of the Penal Code, sentence of transportation, if not executed in terms, is equivalent to a sentence of 14 years' rigorous imprisonment in the maximum which the convict has over-served if the remissions earned by him are included, but in…

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