SESH RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This Revision Petition has been filed assailing judgment dtd. 7/9/2021 passed in Criminal Appeal No. 5-S/10 of 2021, titled as Sesh Ram s. State of H.P., by Additional Sessions Judge-cum-Special Judge (CBI) Shimla, whereby judgment of conviction dtd. 12/5/2017 and order of sentence dtd. 15/5/2017, passed by learned Additional Chief Judicial Magistrate Court No. 2, Shimla in case No. 265-3 of 2016, titled as State of H.P. Vs. Sesh Ram, has been confirmed, whereby petitioner has been convicted and sentenced to undergo simple imprisonment of one year for the offence punishable under Ss. 8/9 of the Himachal Pradesh Good Conduct Prisoners (Temporary Release) Act, 1968 (hereinafter referred to as an "Act" for short), for overstaying the parole granted to him.

(2.) Petitioner as convict was serving sentence imposed upon him vide judgment dtd. 21/4/2012 passed by learned Special Judge, Kinnaur at Rampur Bushahar for commission of offence under Sec. 20 (ii) (C) of Narcotics Drugs and Psychotropic Substances Act, 1985, wherein he was sentenced to undergo 10 years rigorous imprisonment and to pay fine of 1,20,000/- and in default in payment of fine, to undergo simple imprisonment for two years.

(3.) While petitioner was serving his sentence in Model Central Jail Kanda, Shimla, on his application, he was sent on parole from 22. 12.2015 to 20/1/2016, but he did not surrender on due date and was not traceable till he surrendered at Model Central Jail Kanda on 29. 2.2016 after delay of 40 days.