HARPHOOL SINGH @ PHOOLA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) HARPHOOL Singh @ Phoola was serving life sentence in District Jail, Bathinda, on account of his having been convicted and sentenced under Section 302 of the Indian Penal Code, vide judgment of the Sessions Judge, dated 31.10.1984. He was released on parole for two weeks, on his furnishing personal and surety bonds in the sum of Rs. 20000/- on 11.10.1990. He had to surrender before the Jail Authorities on 26.10.1990 but he failed to do so. On the Superintendent of Police (Jail) Bathinda, having informed the District Magistrate, Bathinda, that the prisoner had not surrendered after the expiry of the parole period notice was issued to the surety by the District Magistrate, Surety appeared before the District Magistrate and stated that the prisoner had gone to Goniana Mandi for some house-hold work, whereafter he had not returned and ultimately, he had come to know that he had been arrested by the police. The surety then informed the District Magistrate that the prisoner was confined in Central Jail, Sirsa, in case FIR No. 42 dated 23.1.1991, under Section 24/54/59 of the Arms Act, Police Station, Kalianwali, District Sirsa. On receipt of this information, the prisoner was brought to Central jail, Bathinda, from Central Jail, Sirsa. The District Magistrate vide his order or February 28, 1992, exonerated the surety and imposed a penalty of Rs. 10,000/- on the prisoner.

(2.) FEELING aggrieved, the prisoner has challenged the said order in this revision petition.

(3.) THE learned Counsel for the petitioner has argued that the prisoner had to surrender before the Jail Authorities on 26.10.1991, but on 24.10.1991 when he had gone to Goniana Mandi, for purchasing some house-hold articles, he was arrested by the Central Reserve Police Force and was kept in illegal confinement uptil 23.1.1991, when he was shown to be arrested by Kalianwali Police Station in case FIR No. 42 dated 23.1.1991 as mentioned above. Therefore the prisoner was not able to surrender before the Jail Authorities on the due date. On the other hand the learned Assistant Advocate General Punjab, has submitted that no doubt the prisoner was arrested by the Central Reserve Police Force and then by Kaalinwali police, but the mere fact that he had gone out of village Dhan Singh Wala to Goniana Mandi, shows that he had committed breach of the conditions of the release warrant and therefore, he was not entitled to any concession and the District Magistrate had rightly imposed the penalty upon him vide impugned order.