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Judgment
V.K. Bali, J. (Oral)
Prayer in this petition filed under Section 482 of the Code of Criminal Procedure is to quash jail punishment given to the petitioner vide order dated January 3, 1993 (Annexure P1).
It is an admitted position and even the impugned order records that a judicial appraisal of the jail punishment had to be obtained. Vide orders dated February 22, 1993 the Sessions Judge, Rohtak appraised and approved the order with regard to jail punishment given to petitioner vide order, Annexure P1. JUDGMENT dated February 22, 1993, Annexure R1, reads thus :
"I have heard the convict and the Superintendent, Distt. Jail, Rohtak. I have gone through the record. The order passed by the Superintendent, Distt. Jail, Rohtak is judicially appraised and approved."
Learned counsel for the petitioner contends that judicial appraisal done. by the Sessions Judge vide orders dated February 2, 1993 is by a totally non speaking order and since it was a quasi judicial order, a speaking order ought to have been passed. For his aforestated contention, learned counsel relies on Surat Singh v. State of Punjab, 1990(1) RCR 679.
The proposition of law advanced by learned counsel for the petitioner is not seriously disputed. That being so, order dated February 22, 1993 passed by the Sessions Judge, which is reproduced above, is quashed. However, the matter would go again before the Sessions Judge for judicial appraisal and approval of order, Annexure P1.
Disposed of accordingly.