PREM NATH Vs. THE STATE
LAWS(P&H)-1950-7-19
HIGH COURT OF PUNJAB AND HARYANA
Decided on July 12,1950

PREM NATH Appellant
VERSUS
THE STATE Respondents

JUDGEMENT

HARNAM SINGH, J. - (1.) PREM Nath son of Tulsi Ram was convicted under Section 420, Penal Code, in the Court of Special Railway Magistrate, Atubala Cantonment on 3l -10 1949, and was sentenced to rigorous imprisonment for six months. On 8 -12 -1949, he was surrendered to the Patiala and Bast Punjab States Union to stand his trial in the Court of the Additional District; Magistrate Faridkot. He was kept in the District Jail, Faridkot, between 10 -12 -1949 and 16 -5.1960, and re* surrendered to the Jail authorities in the Punjab State on 17 -5 -1960.
(2.) PREM Nath, now applies to this Court that the period between 8 -12 -1949, to 16 -5 -1950 should be taken into account in determining whether he has served the period of imprisonment imposed upon him by the Special Railway Magistrate, Ambala Cantonment on 31 -10 -1949.
(3.) IN these proceedings no one has appeared on behalf of the prisoner. Mr. Harbans Singh Gujral who appears for the State maintains that the case falls under Section 11 (2), Extradition Act, 1903. Section 11 (2) reads: 11. (2) On the surrender of a person undergoing sentence under a conviction in British India bis sentence shall be deemed to be suspended until the date of bis resurrender when it shall revive and have effect for the portion thereof which was unexpired at the time of his surrender.;


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