JAGBIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner was a regular Chowkidar appointed on 3.11.1995 to work in the ICDS project Dadri-I. He was involved in a criminal case in FIR No. 128 of 28.3.2006 under Sections 148, 149, 451, 452, 323, 506, 427 IPC registered at Police Station Sadar Bhiwani. The trial Court convicted the petitioner by judgment dated 15.6.2011 and sentenced him to simple imprisonment of two years with fine. The appeal preferred before the learned Additional Sessions Judge, Bhiwani, was partly allowed and the petitioner was released on probation on good conduct for a period of two years instead of sentencing him at once to suffer a jail sentence. The conviction has been recorded under Sections 148, 452 and 506 IPC. Mr. Malik, learned senior counsel for the petitioner relies on instructions issued by the Haryana Government dated 26.3.1975 which deal with rehabilitation of ex-convicts released from jail and on the question of making them eligible for appointment to serve under Government. Together with these instructions a list of offences involving moral turpitude has been attached and various offences under IPC have been enumerated therein. Though the list is not exhaustive of the offences which involve moral turpitude but the sections under which the conviction of the petitioner do not find place in the list.

(2.) Ms. Kirti Singh, learned Deputy Advocate General, Haryana, appearing for the State of Haryana points out from the instructions itself that the circular lays down tests which should ordinarily be applied in judging whether certain offences involve moral turpitude or not. These are:

(3.) Learned State counsel further submits that the list is not exhaustive and there can be offences which are not included in it but which in certain situations and circumstances may involve moral turpitude.