GURCHARAN KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) MANMOHAN Singh Johal, son of Shiv Singh, resident of Jawahar Nagar. Jullundur, was tried in the Court of Additional Sessions Judge, Jullundur, and convicted for committing offences under Section 471 read with Section 120-B of the Penal Code and sentenced to undergo rigorous imprisonment for five years and to pay fine of Rs. 5. 000/ -. In default of payment of fine he was further sentenced to undergo rigorous imprisonment for two years. At the same trial he was also convicted under Section 466 of the Penal Code and sentenced to undergo rigorous imprisonment for five years. Both the sentences were directed to run concurrently. On appeal, the High Court suspended his sentence and he was released on bail. The High Court partly accepted the appeal and acquitted him of the charge under Section 471 read with Section 120-B of the Penal Code. His conviction under Section 466, Penal Code, was upheld, but the sentence on this charge was reduced to four years' rigorous imprisonment and a fine of Rs. 5,000/ -. In default of payment of fine he was directed to undergo rigorous imprisonment for one year.

(2.) MANMOHAN Singh Johal was committed to jail on 25th Mar. 1969, after the dismissal of his appeal, to serve out the remaining sentence imposed on him. After serving the sentence for some time, Manmohan Singh Johal applied for his release on furlough under Section 3 of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962, 'hereinafter referred to as the Act' for a period of 15 days. This period, on his request, was further extended to another 15 days. Manmohan Singh Johal did not surrender to the jail authorities to serve the remaining sentence and is still at large.

(3.) THE consequence of the failure of Manmohan Singh Johal in not surrendering after the expiry of the furlough period is that under Section 8 (2) of the Act he could be arrested by any police officer and remanded to jail to undergo the remaining portion of the imprisonment or if a case under Section 9 of the Act is registered against him, he can be convicted and sentenced, for escaping from custody. Apprehending such a situation, the petitioner, who is the sister of Manmohan Singh Johal, has filed this petition under Articles 226 and 227 of the Constitution of India, praying for the issue of an appropriate writ that he cannot be arrested or tried for his not surrendering to the jail authorities after the expiry of furlough to undergo the remaining portion of his sentence. The ground taken is that out of fear of physical harm in the jail conditions, he did not surrender to the jail authorities in compliance with Section 8 (1) of the Act on the expiry of the release period. The legal grounds taken are that as no case against Manmohan Singh Johal was registered under Section 9 of the Act. it cannot now be registered after such a long lapse of time because of the embargo created by Section 468 of the Cr. P. C. 1973, hereinafter referred to as the Code. The other ground taken in the petition is that his term of imprisonment like any other term of office was limited and defined for a period of five years including the one year term for non-payment of fine, and cannot go beyond that. The sentence started running on March 2. 1969 and ended in March. 1974. It is averred in the petition that once the period of sentence starts running, it does not stop. As the sentence has run out and the warrant has expired, Manmohan Singh Johal cannot be arrested, tried for escape or remanded to serve the remaining portion of the sentence. The threat of arrest of Manmohan Singh Johal under Section 8 (1) of the Act after March 1974 is a threat t0 his personal liberty and is a violation of Article 221 (1) (2) of the Constitution of India.