RAM CHANDER Vs. INSPECTOR GENERAL OF PRISON

JUDGEMENT

(1.) PETITIONER seeks quashing the penalty of arrest for six months under Section 9 of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962 (for short the Act) and in the alternative for modification of the order dated 21.12.1991 passed by the Judicial Magistrate in terms of section 427(2) of the Code of Criminal Procedure.

(2.) IT is the case of the petitioner that he was undergoing life imprisonment under Section 302/34 of the Indian Penal Code under the order of Sessions Judge dated 10.12.1987. He was released on furlough for 21 days on 25.9.1991 but he could not surrender within the stipulated period as he was arrested by the police on the report of M/s Deepak Engineering Company, Ludhiana, and was ultimately handed over to the Superintendent Jail.

(3.) THE sole submission of the learned counsel for the petitioner is that the sentence awarded by the Judicial Magistrate Ist Class, Ludhiana, vide order dated 21.12.1991 it to run concurrently as the petitioner was already undergoing sentence of imprisonment for life. This is the mandate of Section 427(2) of the Code of Criminal Procedure.