RAJ KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order of mine shall dispose of all the above-mentioned petitions as all are arising from the same FIR. For the sake of brevity, facts are borrowed from CRR-1196-2022 titled as Raj Kumar vs. State of Haryana.

(2.) The instant petitions have been preferred against the judgment dtd. 24/5/2022 passed by learned Additional Sessions Judge, Yamuna Nagar at Jagadhri vide which, judgment of conviction dtd. 7/1/2019 and order of sentence dtd. 9/1/2019 passed by learned Additional Chief Judicial Magistrate, Yamuna Nagar at Jagadhri have been upheld, in case stemming from FIR No.1248 dtd. 14/8/2017 registered under Ss. 222-A and 223-A of IPC and 42 of Prisons Act, 1894 at Police Station City Jagadhri. The petitioners were sentenced as mentioned below: <IMG>JUDGEMENT_166_LAWS(P&H)3_2025_1.jpg</IMG>

(3.) Briefly stated, the case of the prosecution is that on 14/8/2017, a written complaint bearing no.4995 dtd. 14/8/2017 was received in the police station from District Jail, Jagadhri to the effect that accused Keki, was undergoing imprisonment for a period of five years in District Jail, Jagadhri in a case bearing FIR No.41 dtd. 28/7/2016 under Sec. 379-A IPC, PS GRP, Jagadhri and in the night of 13/8/2017, he had escaped from jail. On the basis of this complaint, an FIR (supra) was lodged and investigation was swung into motion. During investigation, Raj Kumar, Deputy Assistant Superintendent (Jail), Warder Radhey Shyam and Warder Krishan Chand (petitioners herein) were found to have played a role in the flee of accused Keki and accordingly, they were arrayed as accused in the instant case and accordingly arrested. During investigation, accused Keki was also arrested, who suffered disclosure statement implicating accused Sandeep Chaudhary, who had allegedly helped him to escape from the jail. On the basis of said disclosure statement, accused Sandeep was arrested.