GIANSINGH BALDEVSINGH Vs. EMPEROR

JUDGEMENT

(1.) THIS is an application by one Giansingh Under Section 491, Criminal P.C. He was a Havildar Quarter Master Sergeant and was sentenced by a Court Martial to two years' imprisonment and in the middle of August 1943 was sent to the Central Jail, Jubbulpore to serve his sentence. He contends that he was unconditionally released on 27-1-1944 and was wrongfully re-arrested in the Punjab on 9-6-1946 on a requisition by the Central Provinces' Police. His contention is that his release on 27-1-1944 was an absolute and unconditional release and that he is now in illegal confinement.

(2.) THE Crown to whom notice was given contends that the release on 27-1-1944 was obtained by means of a forged document and that the forgery was discovered very shortly afterwards as the result of which the machinery was put in motion to arrest the accused. That arrest was not effected until more than two years had passed, and it is contended that the applicant Giansingh is now in jail lawfully serving the unexpired portion of his sentence. The Crown, on being called to answer the Case, has eventually produced the relevant documents, after a warning that they must be prepared to meet the applicant's case on 15th October, the day fixed for hearing.

(3.) IT will be noticed that the word 'colonel' is misspelt. On behalf of the applicant it is contended that this is a genuine document and that the release of Giansingh was inspired by a judgment of the Sessions Judge of Jubbulpore delivered on 18-1-1944 in which he acquitted two civilians who were alleged to have been concerned with Giansingh in the offence for which he was convicted by Court Martial, and it is alleged that in that judgment the learned Sessions Judge expressed some doubt on the propriety Of Giansingh's conviction.