JASMAIL SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present petitioner who is confined in District Jail, Rohtak was sentenced to undergo Rigorous Imprisonment for seven years and to pay a fine of Rs. 1000/for the offences under section 392/397 of the Indian Penal Code and was also sentenced to undergo Rigorous Imprisonment for two years for the offence under Section 25 of the Arms Act. Both the sentences were ordered to run concurrently. He preferred an appeal in this court against the order of his sentence dated 18/7/1985 and he was ordered to be released on bail on 16/8/1985 in Criminal Appeal No. 371-DB of 1985. Incompliance of this order the Chief Judicial Magistrate, Gurgaon, released him on bail on 11/11/1985.

(2.) On 23/3/1987, the petitioner was arrested by Gujrat Police in case in case F.I.R. No. 7 under Section 3(1) of Terrorists Disruptive Activities (Prevention) Act and 397 of the Indian Penal Code was registered at Police Station Baroda. In that case he was convicted by Additional Designed Court, Baroda (Gujarat) on 9/4/1988 and was sentenced to undergo Rigorous imprisonment for seven years for each offence but the sentences were to run concurrently. Benefit of period spent by him during investigation, enquiry or trial in that case was given to him from the date of his arrest to the date of his conviction and he was released in that case on 4/11/1992 after availing of remission of Gujrat State.

(3.) The appeal of the petitioner was dismissed by this court on 12/8/1987 and the petitioner was directed to be rearrested and to undergo the remaining portion of his sentence. He was undergoing his remaining portion of sentence since 5/11/1992 and benefit of detention period from 29/11/1983 to 18/7/1985 had already been given to him. He was not entitled to any more benefit of detention as is claimed by him as he was convicted in two cases separately on 18/7/1985 and 29/4/1988 and both the sentences were not concurrent, so the period spent by him after conviction cannot be set off in accordance with the instructions issued by this court copy of which is Annexure R.I. So far as the prayer of the petitioner for his transfer from Central Jail Rohtak to Central Jail Ambala and for his release on parole or furlough is concerned, the-return submitted by the respondent is that he never applied to the proper authorities for his transfer to Central Jail, Ambala or his release on parole or furlough and his request for the same can be considered if he applies. The petitioner, therefore, may move the authorities concerned for his transfer to Central Jail, Ambala and for his release on parole in furlough in case is eligible for the same. There is no merit in this petition and the same is therefore, dismissed. Petition dismissed.