BALDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BALDEV Singh convict has made an application to Sh. Dina Nath Sharma, Additional Sessions Judge, Ludhiana, with the prayer that the under trial period from 8-4-1987 to 26-9-1987 should be counted towards his sentence. This petition was ordered to be heard on Judicial side by S. S. Sodhi, J., vide his order dated 7.3.1988. The report of Shri Dina Nath Sharma, Additional Sessions Judge, Ludhiana, was called. The facts of the case as reported by the Additional Sessions Judge are that F.I.R. NO. 23 dated 28-1-1983 was registered in Police Station Rai Kot under Section 326 etc. of the Indian Penal Code against Baldev Singh petitioner and others. Baldev Singh was arrested in this case on 4.2.1983 and was released on bail on 21.5.1983. The challan in this caw was presented in the Court of Judicial Magistrate 1st Class, Jagraon, on 4.5.1983 and the petitioner along with others was convicted and sentenced on 13-6-1986. He was sent to jail to serve the sentence and was released on bail under orders of Sessions Judge, Ludhiana, on 26.6.1986. This bail was granted on an appeal by Baldev Singh against that conviction.

(2.) PETITIONER Baldev Singh absented during the pendency of the appeal and it was learnt that he has been arrested in some other case and has been sent to Nabha Jail. As notifications under section 268 of the Code of Criminal Procedure had been issued, he could not be produced in court. His personal appearance in the appeal was dispensed with.

(3.) VIDE this application he has prayed that the period from 8-4-1987 to 26-9-1987 which is spent in detention in another case be also counted and be set off against the sentence of imprisonment under section 326 of the Indian Penal Code.