IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Revision No. 152 of 2005 Date of decision: November 02, 2010 Raj Kumar alias Raju .. Petitioner Vs. State of Punjab .. Respondent Coram: Hon'ble Mr. Justice A.N. Jindal Present: Mr. H.S. Rakhra, Advocate for the petitioner. Mr. Manoj Bajaj, Addl. A. G. Punjab for the respondent. A.N. Jindal, J This petition has arisen out of the judgment dated 8.1.2005, vide which the Appellate Court dismissed the appeal against the judgment dated 17.12.2003 passed by the Judicial Magistrate Ist Class, Talwandi Sabo, convicting and sentencing the accused to undergo rigorous imprisonment for six months and to pay fine of Rs.500/- under Section 224 of the IPC. The factual matrix of the case is that on November 12, 2000 C. Sukhdarshan Singh being posted at Police Station, Kot Fatta was on guard duty with effect from 2.00 a.m. to 6.00 a.m. Prior to him, Simar Singh P.H.G. was on guard duty from 10.00 p.m. to 2.00 a.m. When C. Sukhdarshan Singh came on duty, he checked the lock up and found that Raj Kumar alias Raju son of Sada Lal arrested in case FIR No.53 dated 11.11.2000 under Section 15 of the Narcotic Drugs & Pshchotropic Substances Act, was missing then he informed MHC Gurbachan Singh and told that Raj Kumar alias Raju accused petitioner (herein referred as, 'the accused') had absconded. On the aforesaid statement made by C. Sukhdarshan Singh, the case against the accused under Section 224/225 of the IPC was registered. DSP Raghbir Singh conducted the investigation. Later on, the accused was arrested and completion of the investigation was followed by a report under Section 173 Cr.P.C. The accused was charged under Section 224 of IPC, to which he pleaded not guilty and claimed trial. Criminal Revision No. 152 of 2005 -2- The prosecution in order to substantiate the charges, examined ASI Nachhatar Singh (PW1), C. Sukhdarshan Singh (PW2), HC Manjit Singh (PW3), C. Sahib Dayal (PW4), Jarnail Singh (PW5) and HC Karnail Singh (PW6). When examined under Section 313 Cr.P.C. the accused denied all the incriminating circumstances appearing against him and pleaded his false implication in the case. He further explained that he was running a provisional store where the police officials used to purchase grocery on credit. When he refused to their demands, he was falsely implicated in the case. In defence, he examined Jugraj Singh (DW1). The trial ended in conviction. The appeal preferred by him was also dismissed. Arguments heard. Record perused. The accused has admitted that a case under Section 15 of the Narcotic Drugs & Psychotropic Substances Act, was registered against him and he was arrested. DDR No.18 (Ex.PW5/A), placed on record, reveals that after apprehending the accused on 11.11.2000 under Section 15 of the Narcotic Drugs & Psychotropic Substances Act, he was confined to the lock up at 9.05 p.m. on that day. No document showing that the accused was released on bail has been placed on record, however, the evidence reveals that he had absconded and ultimately was arrested on 18.11.2000. Argument has been raised that the accused could not escape without the connivance of the police officials but the police officials were not involved in the case. Be that it may, the accused cannot derive any benefit out of it as connivance of the police officials could be seen only when they are before the court. Had they been present before the court their complicity could also be scrutinized. Both the courts below have appreciated the evidence in the right perspective. No such manifest error apparent on the record has been pointed out which may render the judgment as perverse warranting interference by this Court. Resultantly, finding no merit in the petition the same is dismissed. November 02, 2010 (A.N. Jindal) deepak Judge