MOTI LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) MOTI Lal is undergoing imprisonment for life under the order dated 11-3-1983 of learned Sessions Judge, Amritsar. He was released on furlough for two weeks on 15-3-1991 and was required to surrender on 30-3-1991 but. he surrendered on 4-5-1991. While surrendering after over staying the convict produced medical certificate issued by Guru Nanak Dev Hospital, Amritsar. showing that he remained admitted in the hospital from 27-3-1991 to 10-4-1991. The Superintendent Jail, vide his order dated 6-5-1991 came to the conclusion that the detenu has failed to explain the period of overstaying for atleast 15 days even if the medical certificate is taken to be true and imposed five days cut of remission for each day of delay. This order was got approved from the learned Sessions Judge, Amritsar.

(2.) THROUGH this petition, the petitioner challenges the above referred order of Superintendent Central Jail, Amritsar. inter alia on the ground that no regular inquiry was held as envisaged by Section 8 of the e Punjab Good Conduct Prisoners (Temporary Release) Act and that the petitioner was not afforded sufficient opportunity to explain his absence. It was also maintained that the judicial appraisal granted by the learned Sessions Judge Amritsar was not an appraisal in the eye of law as the entire record was not forwarded to the said Court and no opportunity was afforded to the petitioner to explain his conduct before the Sessions Judge, Amritsar.

(3.) I have heard the learned counsel for the parties besides perusing records.