The respondent Anand Singh Bisht moved the hadeas companypus petition before the Calcutta High Court inter alia companytending that as he had undergone pre trial detention by the Border Security Force authorities for about one year he was entitled to set off his sentence of one years rigorous imprisonment under section 428 of the Code of Criminal Procedure and he should, therefore, be forthwith released from detention.
The judgment dated 30th September, 1985 passed by the Division Bench of the Calcutta High Court in Criminal Misc.
Accordingly, an order was passed on 30th September, 1985 to release the respondent from detention.
1072 of 1985 arising out of a writ Petition for a writ of habeas companyous made by the respondent Anand Singh Bisht is under challenge in this appeal.
Against the said decision of the High Court of Calcutta, the Union of India has Preferred the instant appeal.
Anand Singh Bisht was a Naik in the Border Security Force.
In execution of such sentence, he was lodged in the Bernampur Central jail.
Case No.
