(1.) This petition is considered on the reference made by S. S. Hasan, J. (as he then was) doubting the decision reported in 1984 B. B. C. J. 871 Rabindra Nath Choubey and Ors. v. Charai Chaman and Am. decided by a Division Bench of this Court consisting of S. S. Sandhawalia, C. J. and B. P. Griyaghey, J. (as they then were). Similar matter had come up before another Division Bench of this Court in Criminal Revision No. 1023 of I960 consisting of S. S. Sandhawalia, C. J. and S. S. Hasan, J. The petition was dismissed by S. S. Sandhawalia, C. J. but S. S. Hasan, J. did not agree and held that the matter should be referred to the Hon'ble Chief justice to place before a larger Bench because there were several decisions of this court taking a contrary view in the matter but it stood dismissed for cefault on 15-10-1987 for non-compliance of the Court's peremptory order dated 24-9-1987.
(2.) In the present case, S. S. Hassan, J. formulated the reference to be considered by a Full Bench that if a limited rule is issued on the questioa of sentence, the Court can go into the merits of the case and acquit the petitioner, once for all. Thus, the matter has come up before this Full Bench for consideration.
(3.) The petitioner was a member of C. R. P. F. bearing no. 700620437 Ct. of G. C. C. R. P F. Mokamaghat who was undergoing simple imprisonment for 25 days under Section 10 (d) and 10 (m) of C. R. P. F. Act, 1949 awarded by Sri. S. S. Soni, Judicial Magistrate, 1st Class and Assistant Commandant Group Centre, Mokamaghat for leaving of lines while made to undergo punishment of confinment of lines for i5 days with effect from 19-2-1982 to 5-3-1982 and also for absenting himself without leave with effect from 1-3-1982 to 15-3-1982. The period of eighteen days of sentence of imprisonment was adjusted towards his detention in the judicial custody. The remaining sentence of seven days simple imprisonment had been served out by the petitioner.
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