In the High Court of Punjab and Haryana at Chandigarh Crl. Revision No. 210 of 2009 Date of Decision:February 25, 2009 Amar Singh ---Petitioner versus State of Punjab ---Respondent Coram: HON'BLE MRS. JUSTICE SABINA *** Present: Mr.K.S.Dhaliwal,Advocate, for the petitioner Mr. Aman Deep Singh Rai, AAG, Punjab *** SABINA, J. Amar Singh-petitioner was convicted for an offence under Section 9 of the Punjab Good Conduct Prisoners (Temporary Release)Act, 1962 (hereinafter referred to as 'the Act')and vide order dated 11.9.2007, Chief Judicial Magistrate, Ferozepur, petitioner was sentenced to undergo rigorous imprisonment for a period of three months. Aggrieved by the same, petitioner preferred an appeal and the same was dismissed by learned Sessions Judge, Ferozepur vide judgment dated 19.11.2008. Hence , the present revision petition. Prosecution story, in brief, as noticed by the learned Appellate Court in para 2 of its judgment, is as under:- “Shortly put, the allegations against the appellant-accused are that he is undergoing sentence in Central Jail, Ferozepur, for a period of 10 years, to pay a fine of Rs. One Lac and in default Crl. Revision No. 210 of 2009 -2- of payment of fine, to further undergo RI for one year in case FIR No. 118, dated 30.5.2001 under Sections 15/61/85 of the NDPS Act, Police Station City, Moga. He was released on bail on 7.5.2004 for availing six weeks parole, on receipt of release order dated 6.5.2004 from District Magistrate, Kapurthala. He was directed to surrender in jail after expiry of parole on 19.6.2004, but he failed to do so on the stipulated date. Ultimately, he was arrested by the police of police station Rai Kot in case DDR No. 28 dated 21.6.2006, under Section 41(2) 109 Cr.P.C. and was lodged in Central Jail, Ludhiana on 22.6.2006. Thereafter, he was transferred to Central Jail, Ferozepur on 9.7.2006. Thus, he remained absconded from the jail for 734 days. So, he has violated the provisions of Section 8(2) of the Act. Accordingly, Calender was presented in the court of Jurisdictional Magistrate.” Learned counsel for the petitioner has submitted that the courts below had erred in convicting the petitioner under Section 9 of the Act. Learned State counsel, on the other hand, has submitted that the petitioner had misused the concession of parole. Petitioner was convicted for an offence under Section 15 of the Narcotic Drugs and Psychotropic Substances Act in FIR No. 118 dated 30.5.2001 registered at Police Station City Moga and was undergoing the sentence of rigorous imprisonment for 10 years. He was released on bail on 7.5.2004 for availing six weeks parol on receipt of release order from District Magistrate, Kapurthala dated 6.5.2004. Petitioner was directed to Crl. Revision No. 210 of 2009 -3- surrender in jail after expiry of the parole on 19.6.2004. However, he did not surrender on the said date. Petitioner was arrested by the police escort of Police Station, Rai Kot in case DDR No. 28 dated 21.6.2006 under Section 41(2) 109 Code of Criminal Procedure Police Station Rai Kot and was then transferred to Central Jail, Ludhiana on 9.7.2006. Thus, the petitioner absconded for about two years. Sukhwinder Singh, Superintendent Central Jail, Ferozepur while appearing in the witness box as CW-1, proved on record the copy of the warrants and the release of the petitioner on bail on 7.5.2004 in terms of order passed by the District Magistrate, Kapurthala, Ex. C-1. He also proved the order Ex. C-2 vide which the petitioner was directed to surrender in jail on 19.6.2004. Petitioner did not surrender but was arrested after 2 years. Thus, the prosecution had been successful in proving its case. Courts below had rightly convicted and sentenced the petitioner under Section 9 of the Act. The impugned judgments of the courts below call for no interference. The petition is dismissed accordingly. (SABINA) JUDGE February 25, 2009 PARAMJIT