STATE OF H. P. Vs. RAM LAL

JUDGEMENT

(1.) THIS application has been preferred by the State for grant of leave to appeal against the judgment dated 16-9-2004 passed by the learned Chief Judicial Magistrate, Sirmaur at Nahan whereby the respondent has been acquitted of the accusations under S. 8(2) read with S. 9 of the H.P. Good Conduct Prisoners (Temporary Release) Act, 1968 (hereafter referred to as 'the Act').

(2.) THE accusations against the respondent are that on conviction under S. 302 of the Indian Penal Code he was undergoing life imprisonment in Model Central Jail, Nahan. On his application he has temporarily released on 42 days parole w.e.f. 17-5-2002 to 27-6-2002 and was to surrender himself in the Jail on 28-6-2002. The respondent, however, failed to surrender on the due date and instead surrendered on 24-7-2004 after an overstay of 26 days against the sanctioned parole period, hence, a complaint was lodged against him in the trial Court under S. 9 read with S. 8(2) of the Act and accordingly he faced the trial on the aforesaid accusations. On the basis of the evidence brought on record, the trial Court found the respondent not guilty and accordingly acquitted him. Hence, this petition.

(3.) IT does not appear to have been disputed even by the respondent that he was undergoing the sentence as claimed by the prosecution and was temporarily released on parole w.e.f. 17-5-2002 to 27-6-2002 and was to surrender himself on 28-6-2002 but in fact surrendered on 24-7-2002. His plea, however, is that he could not surrender on the due date because of illness and remained under treatment and had also telephonically conveyed to the Jail official that because of illness he was not in a position to surrender on due date but would surrender as soon as he was relieved of the illness.