HARISH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This revision petition is filed against the order dtd. 5/2/2019 passed by the learned trial Court, Jhajjar as well as order dtd. 18/12/2024 passed by the learned Additional Sessions Judge, Jhajjar whereby the appeal preferred by the respondent-State was allowed.

(2.) The case of the prosecution is that the petitioner is a convict in case FIR No.271 dtd. 4/6/2008 under Ss. 25/54/59 of the Arms Act and Ss. 302, 307 and 449 of the IPC registered at Police Station Jhajjar. The petitioner was released on 16/7/2016 for six weeks agricultural parole. The parole period was to end on 28/8/2016 and the petitioner had to surrender on the same day. However, the convict did not surrender and became an absconder from parole. Thereafter, a case under Sec. 8/9 of the Parole Act was registered against the petitioner and on completion of investigation, challan was presented and petitioner was charge-sheeted. The learned trial Court vide order dtd. 5/2/2019, convicted and sentenced the petitioner under Sec. 9 of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 to undergo imprisonment of 01 year, 11 months and 11 days i.e. the period already undergone. This order was challenged by the respondent-State before the learned Appellate Court. The learned Appellate Court vide judgment and order dtd. 18/12/2024, allowed the appeal filed by the respondent-State and reversed the order on quantum of sentence and directed the petitioner to undergo awarded imprisonment of 01 year, 11 months and 11 days not as concurrently with the sentence of the main case but as separately i.e. after expiry of the sentence awarded to the petitioner in the main case. This order of the Appellate Court is under challenge before this Court praying for reduction of the sentence awarded to the petitioner to the period already undergone.

(3.) It is submitted by the learned counsel for the petitioner that the Courts below have failed to appreciate the good conduct of the petitioner that earlier on every occasion when he was released on parole, he had surrendered on time. He further submits that the petitioner went to surrender on 28/8/2016 i.e. the date he had to surrender before the jail authorities but due to illness of his father, he got late and could not reach on time and jail officials refused to allow his surrender.