Petitioner sought to count his custody period from an acquitted FIR towards his imprisonment sentence from another pending FIR. The court noted no legal provision supports such relief.
The petition to count the custody period from FIR No. 696 towards the imprisonment in FIR No. 492 was dismissed.
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Criminal Misc. No. M-13473 of 2009 [1]
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Criminal Misc. No. M-13473 of 2009 (O&M) Date of decision: 13.8.2009
Rajesh Kumar
.. Petitioner
v.
State of Haryana and another
.. Respondents
CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL
Present: Mr. K. D. S. Hooda, Advocate for the petitioner.
Ms. Ritu Punj, Deputy Advocate General, Haryana.
Rajesh Bindal J.
Prayer in the present petition is for a direction to the respondents to count the custody period of the petitioner w.e.f. 9.11.2000 to 21.7.2001 in FIR No. 696 dated 29.10.2000 registered at Police Station, City Palwal towards the period of imprisonment awarded to the petitioner in FIR No. 492 of 1996, under Sections 148/326/324/323/302/506 IPC, registered at Police Station, Sadar Palwal.
Learned counsel for the petitioner submitted that the petitioner was undergoing imprisonment for conviction in FIR No. 492 of 1996. During pendency of the appeal, he was released on bail. While the petitioner was on bail, his coaccused, namely, Mahender was murdered by other side, whereas the brother of the petitioner, namely, Ved Parkash received injuries. The petitioner lodged FIR No. 696 dated 29.10.2000 at Police Station, City Palwal. However, the opposite side, with their influence, were able to get the petitioner as well as his brother arrested in the aforesaid FIR on 9.11.2000, where they remained in custody till 21.7.2001. However, he was acquitted of the charges finally. The submission is that since the petitioner was acquitted of the charges in FIR No. 696 dated 29.10.2000, the period spent by him in jail in that FIR should be counted towards the custody period, which the petitioner has to undergo in FIR No. 492 of 1996. However, on a pointed query by the court, as to whether there is any provision in the Code of Criminal Procedure which would entitle the petitioner to claim such a relief or any judgment taking such a view, the answer to the question was plain and simple `No'.
Criminal Misc. No. M-13473 of 2009 [2]
As there is no provision in the Code of Criminal Procedure for counting the period spent by an accused in jail in one FIR towards the period of custody, which he is required to be undergone as punishment after conviction in another FIR, I do not find any reason to grant the relief prayed for by the petitioner.
Accordingly, the present petition is dismissed.
(Rajesh Bindal) Judge
13.8.2009 mk
1 issue framed by the court
Whether the period spent in custody for one FIR can be counted towards the imprisonment period for another FIR in the absence of a provision in the Code of Criminal Procedure.
Rajesh Kumar
State of Haryana
Rajesh Bindal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
