RAJ KUMAR ALIAS RAJU Vs. STATE OF HARYANA

JUDGEMENT

(1.) In this petition under Section 482. Cr. P.C., prayer has been made by the petitioner to count the custody period undergone by him in the Jail from 21-12-1998 to 4-12-1999 (17 days less than a year) and from 26-8-2000 to 29-11-2003 (three years three months and three days) towards actual sentence undergone in the case arising out or FIR No. 14, dated 8-1-1994 registered under Sections 302, 307, 324, 447, 34 IPC, PS Sadar, Hansi, Distt. Hisar.

(2.) The petitioner who is stated to have born on 4-4-1977 was arrested on 8-1-1994 in FIR No. 14, dated 8-1-1994 registered under Sections 302, 307, 324, 447/34, IPC, PS Sadar Hansi, Distt. Hisar and was sent to Borstal Jail on 12-1-1994. During trial : he was enlarged on bail and was released on 5-3-1994. He was, however, convicted and sentenced to undergo RI for 4 years under Section 307, IPC besides RI for 3 years under Section 324/34, IPC and 3 months under Section 447, IPC, which were ordered trun concurrently vide judgment and order of the trial Court dated 12-6-1996 and 15-6-1996 respectively. The petitioner along with his co-accused filed an appeal bearing Crl. A. No. 349-DB of 1996, titled as Ram Phal v. State of Haryana in this Court. It needs mention here that after his conviction by the trial Court the petitioner was taken into custody on 12-6-1996 and he was released on bail pending appeal by this Court on 26-3-1997.

(3.) While the petitioner was on bail referred to above, he was involved in a case under Section 392, IPC, PS Uklana, Distt. Hisar in FIR No. 78, dated 30-8-1998 and was arrested. Thereafter the petitioner was released on bail on 4-12-1999 in the FIR No. 78, dated 30-8-1998 under Section 392, IPC, referred to above. The petitioner however, was again arrested on 26-8-2000 in FIR No. 198, dated 26-8-2000 under Sections 363, 366 and 376, IPC, PS Barwala, Distt. Hisar. Vide judgment and order dated 3-10-2001 and 6-10-2001, respectively the petitioner was convicted and sentenced to undergo RI for 10 years under Section 376, IPC besides other substantive sentences of imprisonment for lesser offences which all were ordered to run concurrently in the above-mentioned FIR No. 198, dated 26-8- 2000. The petitioner filed Crl. A. No. 82-SB of 2002, titled as Raju alias Raj Kumar v. State of Haryana, while his co-accused namely Suraj Mal, Surinder and Naresh filed Crl. A. No. 1262-SB of 2001. Both these appeals were accepted by this Court on 29-10-2003 whereby the petitioner and his coaccused were acquitted of the charges.