JASWANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) JASWANT Singh was convicted and sentenced by General Security Force Court at HQ 41, Battalion, B.S.F. Ajnala, Amritsar, vide order of April 3, 1989 and awarded sentenced to undergo five years rigorous imprisonment under Section 30(b) of the Board Security Force Act. He has undergone sentence in Central Jail, Amritsar. He was released on parole on 16th January, 1991. He had to surrender before the jail Authorities on 29th January, 1991, but he failed to do so. He was arrested on 7.4.1991 and was handed over to the Jail authorities on 16.4.1991. Thus, the petitioner remained absent for 77 days unauthorisedly and had, therefore committed an offence punishable under Section 8 of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1992, and, therefore, the Superintendent, Central Jail, Amritsar, awarded him punishment of cut of 38 days at the rate of cut of five days remissions for each day of unauthorised absence. The papers were submitted to the District and Sessions Judge, Amritsar, for judicial appraisal. Vide his order dated 5th July, 1991, the learned Sessions Judge, Amritsar, reduced the punishment to a out of 77 days earned remission instead of 385 days i.e. at the rate of cut of one day remission for each day of unauthorised absence. Jaswant Singh, prisoner, through this petition under Section 482 of the Code of Criminal Procedure read with Articles 226 and 227 of the Constitution of India has sought the quashing of the above said orders of the Jail Superintendent as well as that of the District and Sessions Judge, Patiala.

(2.) I have heard learned Counsel for the parties.

(3.) I have carefully examined the provisions of Sections 8 and 9 of the Act which are reproduced below for ready reference :-