OM PRAKASH CHAUTALA Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) This is an application filed by the applicant/appellant seeking suspension of sentence. It is argued by the learned senior counsel, the appellant is 88 years of age and is suffering from post-polio disability.

(2.) The appellant/applicant was first convicted in CC No.37/2010 arising out of RC No.3(A)/04/ACU-IX/DELHI on 16/1/2013 and was sentenced to ten years of RI vide order dtd. 22/1/2013. During the period of incarceration in the aforesaid case, the production warrants were issued to the convict in other pending matter viz. CC No. 57/2019 arising out of RC No.02(A)/2006/ACU-VII New Delhi and it is alleged he has already undergone four years incarceration imposed by the Court in the present case.

(3.) It is the case of the appellant that during the sentence in CC No.37/2010, the appellant has also undergone the sentence awarded i.e., four years in the present case. A representation dtd. 1/6/2022 was filed by the appellant through his counsel to calculate actual physical custody of the appellant, lodged in Jail No.2, Tihar, New Delhi and release the applicant, since the appellant has already undergone the actual physical incarceration awarded by the Court. The Jail Authority though calculated the actual physical custody of the appellant herein as five years, six months and fourteen days as on 1/7/2022 but instead of releasing the appellant, the Jail Authority wrote a letter to the Special Judge, CBI apprising him actual physical incarceration of the applicant and the learned Special Judge, CBI observed the benefit of Sec. 428 Cr.P.C. would be given only in terms of order on sentence dtd. 27/5/2022.