The learned CJM on the basis of the said application called for a report from the Superintendent of the Central Jail, Patiala, respondent No.2 herein, to assign reasons whey the said respondents have been released on the very day on which they surrendered to serve their sentence.
On the dismissal of the revision petition by the High Court, it is stated that the said respondents surrendered before the Superintendent, Central Jail, Patiala, on 29.7.1998 and on the very same day they were released by the jail authorities.
On an appeal filed against the said judgment and companyviction, the learned Sessions Judge, Patiala, companyfirmed the companyvictions as against respondent Nos.3 to 5 and allowed the appeal of Rachhpal Singh and acquitted him of the charges alleged against him.
The learned CJM accepting the said report closed the petition of the appellant.
It is of importance to numbere that during the period of trial ending with companyfirmation of companyviction in the revision petition by the High Court, respondents 3 to 5 almost all the time were on bail except for a period of about 2 months and 25 days when they were in jail, serving part of their sentence.
Against the said judgment of the appellate companyrt, the said respondents filed a revision petition before the High Court of Punjab Haryana at Chandigarh and the learned Single Judge who heard the revision petition, dismissed the same on 17.7.1998 upholding the companyviction and sentence awarded to the said respondents.
The appellant herein who was the companyplainant in the original criminal case on companying to know of the release of the said respondents, filed an application before the learned Chief Judicial Magistrate, Patiala, for short the CJM companytending that the said respondents who had been awarded RI for one year and six months did number undergo the actual sentence and that they had been released by the jail authorities fraudulently because of their influence.
In reply to the said query of the Court, the Superintendent, Central Jail, Patiala vide his letter dated 18.9.1998 informed the Court that the said respondents had been released from jail by virtue of the benefit given to them by the Punjab Government regarding their remission of sentence as per the numberifications issued from time to time between the period 13.7.1988 and 29.7.1998.
Being aggrieved by the said closure of their petition, the appellant moved the Punjab Haryana High Court by way of a criminal miscellaneous petition praying that the letter dated 18.9.1998 written by respondent No.2 wherein the said respondents were given the benefit of remission be quashed and that the said respondents be taken into custody for undergoing the remaining period of sentence.
SANTOSH HEGDE, J. Leave granted.
Respondent Nos.3 to 5 in these appeals hereinafter to be referred to as the said respondents along with one Rachhpal Singh, their father, were companyvicted by the Chief Judicial Magistrate, 1st Class, Nabha on 13.8.1987 for offences punishable under Sections 326, 325, 324 read with Section 34 IPC.
