A.S.NEHRA, J. - (1.) SATPAL petitioner has filed this petition under Section 482, Code of Criminal Procedure read with Articles 226/227 of the Constitution of India for quashing the order dated 31.1.1991 passed by the Superintendent, Central Jail, Amritsar, by which the penalty of cut of 125 days of earned remission was proposed and the award of penalty was entered in the history sheet of the petitioner. The case of the petitioner for judicial appraisal was submitted to the Sessions Judge, Amritsar on 31-1-1991. The Sessions Judge. Amritsar, on judicial appraisal, vide his order dated 2.2.1991, approved the punishment of 25 days cut in the earned remission awarded to the petitioner and this judicial appraisal by the learned Sessions Judge, Amritsar, was conveyed to the Superintendent, Central Jail, Amritsar. The sole argument advanced before me by the learned counsel for the petitioner is that, after having come to the conclusion that the petitioner had overstayed the period of temporary release by 25 days the Superintendent Jail had no jurisdiction to impose penalty under sub-section (3) of Section 8 of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962 (hereinafter called as the Act) and the only course available to him was to lodge a complaint under Section 9 of the Act before a Court of competent jurisdiction.
(2.) IN order to appreciate the above argument, it is expedient to examine the provisions of Sections 8 and 9 of the Act as also of rule 7 of the Punjab Good Conduct Prisoners (Temporary Release) Rules 1963, which are reproduced below for ready reference :- Section 8. 8. Liability of prisoners to surrender on expiry of release period and consequences of over-staying - (1) On the expiry of the period for which a prisoner is released under this Act, he shall surrender himself to the Superintendent of Jail from which he was released. 2. If a prisoner does not surrender himself as required by Subsection (1) within a period of ten days from the date on which he should have so surrendered, he may be arrested by any police officer without a warrant and shall be remanded to undergo the unexpired portion of his sentence. If a prisoner surrenders himself to the Superintendent of the Jail from which he was released within a period of ten days of the date on which he should have so surrendered, but fails to satisfy the Superintendent of Jail that he was prevented by any sufficient cause from surrendering himself immediately on the expiry of the period for which he was released, all or any of the following penalties shall, after affording the prisoner reasonable opportunity of being heard, be awarded to him by the Superintendent of Jail namely; (a) A maximum 'cut of five days' remission for each day of overstay; (b) Toppage of canteen concession for a maximum period of one month; (c) Withholding concession of either interviews by letters or both for a maximum period of there months; (d) The period of temporary release on furlough of the prisoner under Section 4 shall not be counted towards his sentence (e) Warning; (f) Reduction from the status and grade of "Convict Watch man" or "Convict Overseer". Section 9-6. 9. Penalty for failure to surrender - Any prisoner who is liable to be arrested under sub-section (2) of Section 8, should be punishable with imprisonment of either description which may extend to two years or with fine or with both; Explanation :- The punishment in this... section is in addition to the punishment awarded to the prisoner for the offence for which he was convicted. Rule 7 7. Prisoner to be informed of the date of surrender and consequences of failure thereof. Sections 8 and 10(2) (d) 1. Before a prisoner is allowed to leave the Jail on temporary release under the Act, he shall be informed by the Superintendent of Jail personally, about the date on which he has to surrender himself to the jail and if the consequences of his failure to do so, as provided in Sections 8 and 9 of the Act.
(3.) THE Superintendent of Jail shall, on the failure of a prisoner released temporarily under the Act, to surrender on due date intimate the fact to the Superintendent of Police of the district concerned and the officer in charge of the Police Station within whose jurisdiction the place of residence of the prisoner during his temporary release is situated, who would take necessary action against the prisoner in accordance with the provisions of the Act.;