RAJBIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is a criminal misc. petition No. 4654-M of 1997 under Section 482 of the Code of Criminal Procedure read with Articles 226/227 of the Constitution of India by Rajbir whereby he has prayed that imposition of jail punishment upon him vide orders Annexure P-1 and P-2 be quashed as they violate the principle of double jeopardy and vexation twice over for the same offence. The facts which have given rise to the filing of this criminal misc. petition may be noticed.

(2.) THE petitioner was undergoing imprisonment of life passed upon him by the Sessions Judge, Rohtak vide order dated 15.6.1990 for the commission of murder. He was released on parole for a period of 6 weeks under Section 3(1)(c) of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988.

(3.) RESPONDENTS opposed this criminal misc. petition urging that case under Sections 8/9 of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 which was registered against the petitioner for over-stayal after the expiry of the period of parole was for non-bailable and cognizable offence. He was tried for this offence by the Additional Chief Judicial Magistrate, Rohtak who sentenced him to pay a fine of Rs. 1000/- or in default of payment of fine to under-go simple imprisonment for two months for the said offence. The grant of parole to a prisoner is not initiated for one year after a major offence and punishment thereto as parole is only a concession in lieu of good conduct which is watched for one year as is implicit in the provisions of the said Act. As per paras 637 and 639 of the Punjab Jail Manual, the annual good conduct remission is granted to a prisoner after one year of the date of punishment. The remission period for annual good conduct remission starts from the first day of the month following the date of sentence or the date on which he was last punished for a prison offence. The petitioner was not granted annual good conduct remission under para 639 of the Punjab Jail Manual which was not by way of punishment. Transfer of a prisoner to any other jail in Haryana is not punishment as per paras 612 and 613 of the Punjab Jail Manual.