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2022 (7) TMI 1511 - SC - Indian LawsPrinciple of just punishment - threatening a party in a civil dispute relating to a property and extracting money, which under threat was conceded by the litigating party - HELD THAT:- It cannot be lost sight that when reference is made in a set off for adjustment of periods, the reference is to proceedings within the country. The criminal law of the land does not have any extra-territorial application. Thus, what happens in another country for some other trial, some other detention, would not be relevant for the purposes of the proceedings in the country. The factual scenario is that the Appellant was charged with having a fake passport. He was found guilty and convicted of sentence from 18.09.2002. This had nothing to do with the proceedings against him in India. His sentence would have been completed on 18.03.2007 de hors the aspect of remission or commutation. The mere fact that there was also a detention order under the Red Corner notice was of no significance. He was again imprisoned from 12.10.2005 till 10.11.2005, i.e. when he was handed over to the Indian authorities. The period till 10.12.2005, when he was serving out the sentence, certainly could not have been counted. That leaves the period of less than a month only, which is really more of an academic exercise. The detention of the Appellant commence from 12.10.2005 in the present case. On the Appellant completing 25 years of sentence, the Central Government is bound to advice the President of India for exercise of his powers Under Article 72 of the Constitution, and to release the Appellant in terms of the national commitment as well as the principle based on comity of courts. In view thereof, the necessary papers be forwarded within a month of the period of completion of 25 years sentence of the Appellant. In fact, the Government can itself exercise this power in terms of Sections 432 and 433 of the Code of Criminal Procedure and such an exercise should also take place within the same time period of one month. Appeal disposed off.
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