Sesh Ram vs State Of Himachal Pradesh

Vivek Singh Thakur, J

This Revision Petition has been filed assailing judgment dated 7.9.2021 passed in Criminal Appeal No. 5-S/10 of 2021, titled as Sesh Ram s. State of H.P., by Additional Sessions Judge-cum-Special Judge (CBI) Shimla, whereby judgment of conviction dated 12.5.2017 and order of sentence dated 15.5.2017, passed by learned Additional Chief Judicial Magistrate Court No. 2, Shimla in case No. 265-3 of 2016, titled as State of H.P. Vs. Sesh Ram, has been confirmed, whereby petitioner has been convicted and sentenced to undergo simple imprisonment of one year for the offence punishable under Sections 8/9 of the Himachal Pradesh Good Conduct Prisoners (Temporary Release) Act, 1968 (hereinafter referred to as an ‘Act’ for short), for overstaying the parole granted to him.

Petitioner as convict was serving sentence imposed upon him vide judgment dated 21.4.2012 passed by learned Special Judge, Kinnaur at Rampur Bushahar for commission of offence under Section 20 (ii) (C) of Narcotics Drugs and Psychotropic Substances Act, 1985, wherein he was sentenced to undergo 10 years rigorous imprisonment and to pay fine of 1,20,000/- and in default in payment of fine, to undergo simple imprisonment for two years.

While petitioner was serving his sentence in Model Central Jail Kanda, Shimla, on his application, he was sent on parole from 22. 12.2015 to 20.1.2016, but he did not surrender on due date and was not traceable till he surrendered at Model Central Jail Kanda on 29. 2.2016 after delay of 40 days.

On the basis of complaint dated 12.7.2016 criminal proceedings were initiated again against him, on taking cognizance by the Court for commission of offence punishable under Sections 8/9 of the Act. On conclusion of trial, petitioner has been convicted and sentenced to undergo simple imprisonment of one year for offence punishable under Section 8 and 9 of the Act.

Appeal preferred by the petitioner has been dismissed by learned Additional Sessions Judge-cum-Special Judge (CBI), Shimla, vice impugned judgment dated 7.9.2021.

Petitioner has placed on record Custody Certificate issued by Superintendent Jail, Model Central Jail, Kanda, wherein it has been certified that petitioner has completed rigorous imprisonment of 10 years in jail on 9.3.2022 in case No. 61-AR/3 of 2011 registered in Police Station CID Bharari and he has also deposited fine amount of 1,20,000/- in jail on 11.4.2022 vide jail receipt No. 0063572, dated 11.4.2022. It has been further certified in the certificate that petitioner is undergoing sentence in present case, i.e. case under the H.P. Good Conduct Prisoners (Temporary Release) Act, 1968 w.e.f. 10.3.2022.

It is admitted fact that on the basis of conduct of the petitioner during the period of undergoing the sentence imposed upon him under NDPS Act a certificate for Custodial Release of petitioner under Section 3 or 4 of the Act was issued by Superintendent Model Central Jail, Kanda in favour of petitioner and on the basis of that he was released on parole. Though petitioner did not surrender on due date after expiry of parole period, however, he voluntarily surrendered on 29.2.2016 at Model Central Jail Kanda submitting him to serve remaining sentence imposed upon him.

It has also come on record in evidence of prosecution witnesses that there is no adverse entry or remarks in jail record or history sheet of the petitioner and further that earlier also he was released on parole for 2-3 times and every time he had surrendered on due date and conduct of petitioner in hail was found to be good and he was granted parole for agricultural purpose.

In statement recorded under Section 313 Cr.P.C., petitioner has admitted that he did not surrender on due date, but on 29.2.2016 with submission that he had forgotten the date on which parole expired.

For evidence on record and also for admission of petitioner, I find no infirmity, illegality, irregularity or perversity in conviction of the petitioner. However, keeping in view his good conduct during undergoing the sentence of 10 years in earlier case and also surrender by him every time before expiry of parole period except in present case, coupled with the fact that in present case also petitioner had surrendered himself voluntarily, sentence imposed upon him is reduced to the period already undergone and petitioner is directed to be released henceforth in case not warranted in any other case. Release warrant be issued accordingly.

Hence with aforesaid modification in the sentence part of the order, judgment passed by the trial Court, as upheld by learned Additional Sessions Judge-cum-Special Judge (CBI), Shimla, the Revision Petition is dismissed , alongwith pending application, if any.