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HIMACHAL PRADESH HIGH COURT
Anil Kumar, J
State of H.P. v. Ram Lal
| Table of Content |
|---|
| 1. state application for leave to appeal against acquittal. (Para 1) |
| 2. accusations against respondent and defense of illness. (Para 2 , 4) |
| 3. analysis of relevant provisions of the act. (Para 5 , 6 , 7) |
| 4. court acceptance of medical incapacity as sufficient cause. (Para 8) |
| 5. evidence of past conduct and voluntary surrender. (Para 9 , 10 , 11) |
| 6. judgment and final ruling of dismissal. (Para 12 , 13) |
1. This application has been preferred by the State for grant of leave to appeal against the judgment dated 16-9-2004 passed by the learned Chief Judicial Magistrate, Sirmaur at Nahan whereby the respondent has been acquitted of the accusations under S. 8(2) read with S. 9 of the H.P. Good Conduct Prisoners (Temporary Release) Act, 1968 (hereafter referred to as 'the Act').
2. The accusations against the respondent are that on conviction under S. 302 of the Indian Penal Code he was undergoing life imprisonment in Model Central Jail, Nahan. On his application he has temporarily released on 42 days parole w.e.f. 17-5-2002 to 27-6-2002 and was to surrender himself in the Jail on 28-6-2002. The respondent, however, failed to surrender on the due date and instead surrendered on 2
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