GURUCHARAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Challenge in this criminal revision petition is to the judgment dated 23.08.2012 passed by the learned Additional Sessions Judge, Karnal, whereby the appeal filed by the petitioner challenging his conviction and sentence awarded by the learned Additional Chief Judicial Magistrate, Karnal, for the offence punishable under Sections 8/9 of the Prisoners (Temporary Release) Act, 1988 (for brevity "the Act") was dismissed.

(2.) The present criminal revision petition came up for the preliminary hearing before this Court on 17.01.2013. At that time, the learned counsel for the petitioner proposed not to challenge the conviction of the petitioner in view of the concurrent findings of both the courts below. However, he submitted that keeping in view the facts and circumstances of the case, the sentence awarded to the petitioner was on higher side, therefore, notice of motion was issued to the respondent-State with regard to quantum of sentence.

(3.) To satisfy the conscience of this Court, the material available on record has been re-scanned. The brief facts of the case are that the petitioner was undergoing sentence awarded to him by the learned Special Judge, Karnal, in a case arising out of FIR No.395. Dated 24.08.2009, under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985, registered at Police Station, City, Karnal. During his incarceration, the petitioner was released on parole for 15 days on 25.10.2010. The petitioner had to surrender in the Jail on 10.11.2010 but he failed to do so, therefore, on the complaint of the Assistant Superintendent, District Jail, Karnal, the present case was registered. The petitioner was arrested on 25.02.2011. After thorough investigation, the charge-sheet (report under Section 173, Cr.P.C.) was presented for prosecution of the petitioner. Finding a prima facie case, the charges for the offences punishable under Sections 8/9 of the Act were framed against the petitioner to which he pleaded not guilty and claimed for trial.