NITIN KHANNNA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of this revision petition, the petitioner has prayed for the following relief:-

(2.) Brief facts necessary for adjudication of the present petition are that petitioner before this Court was convicted by the Court of learned Special Judge, Kullu, on 28.12.2009, for commission of offence punishable under Sec. 20 of ND & PS Act. He was sentenced to undergo imprisonment for 10 years and to pay a fine of Rs.1.00 Lac and in default of payment of fine, to undergo further rigorous imprisonment for a period of two years. It is a matter of record that while undergoing said imprisonment, the petitioner was temporarily released for 28 days parole. The same was further extended by 28 days and then by 14 days. He was required to surrender in Jail on 31.07.2012. As he did not surrender on 31.07.2012, SHO Kotwali, Faridabad was asked to arrest the accused as he had overstayed the sanctioned parole. However, the petitioner could not be arrested.

(3.) Petitioner himself surrendered after overstaying by 407 days on 10.09.2013. On a complaint filed by the Jail Superintendent, action was initiated against the petitioner under Sec. 9 read with Sec. 8 of the Himachal Pradesh Good Conduct Prisoners (Temporary Release) Act, 1968. The Court of learned Judicial Magistrate 1st Class, Nahan, in Criminal Case No. 27/3 of 2014, convicted the petitioner for the commission of offence punishable under Sec. 9 read with Sec. 8 of the 1968 Act (supra) and sentenced him to undergo simple imprisonment for a period of six months and to pay a fine of Rs.1000.00 and in default of payment of fine, to undergo further simple imprisonment for a period of one month. Learned Court ordered that the said punishment was in addition to sentence already imposed upon the petitioner for the offence for which he was convicted.