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1. The instant petition has been filed by the petitioner under Section 482 of Code of Criminal Procedure for setting aside the order dated 11.02.2015 as passed by the Court of learned Additional Sessions Judge, Sonepat in case arising out of FIR No.157 dated 03.06.2008 registered under Section 174-A of IPC at Police Station City Gohana and in connection with Criminal Appeal No.214 of 2013 titled as Hari Om and others v. State of Haryana.
2. Brief facts of the case relevant for the purpose of disposal of this petition are that the present petitioner was nominated as an accused in a case bearing FIR No.318 dated 15.12.2007 registered under Sections 148, 323, 506 and 302 read with Section 149 of IPC at Police Station 1 of 9 Neutral Citation No:=2024:PHHC:109374 Gohana. He was declared a proclaimed offender in the said case. He was later on arrested and then acquitted in the said case. Due to his non- appearance and his being declared a proclaimed offender in the aforementioned case, another case bearing FIR No.157 dated 03.06.2008 under Section 174-A of IPC was registered against him. The petitioner faced trial in the said case and vide judgment of conviction and order on quantum of sentence dated 05.01.2013 and 07.01.2013 respectively, he along with the co-accused was held guilty under Section 174-A of IPC and was sentenced to undergo imprisonment for a period of six months and to pay fine of Rs.1000/- each. In default of payment of fine, he was further sentenced to undergo simple imprisonment for one month. He had deposited the fine. He preferred an appeal against the judgment of conviction dated 05.01.2013 and order on quantum of sentence dated 07.01.2013. This appeal registered as Criminal Appeal No.214 of 2013 was dismissed vide judgment dated 05.02.2015. The petitioner along with the co-accused-convicts had been taken into custody and was committed to jail for undergoing the sentence awarded by the learned trial Court.
3. As pleaded further, the petitioner along with other convicts was taken to District Jail, Sonepat. After considering the fact that he had already undergone sentence for a period of 07 months 03 days and paid of fine of Rs.1000, the jail authorities released him. Then as on 06.02.2015, the learned Additional Sessions Judge passed an order that as no direction was given by the trial Magistrate to set off the period of 2 of 9 Neutral Citation No:=2024:PHHC:109374 sentence already undergone by petitioner and since due to inadvertence in the warrants of sentence prepared by Reader of his Court, direction was given to set off the period of sentence, therefore, fresh jail warrants be issued. He also gave direction to Jail Superintendent to submit report as to whether the convict had been set free or not?
4. The Superintendent, District Jail, Sonepat vide letter bearing endorsement No.903 dated 09.02.2005, intimated the Appellate Court that the petitioner and co-convict Manoj @ Kala had been released on considering that they had already undergone the period of sentence. On receipt of this letter, the Additional Sessions Judge, Sonepat/Appellate Court passed an order on 09.02.2015 which reads as follows:-
"Present: Shri P.K.Bhardwaj Singh Public Prosecutor for the State.
File is put up on receipt of reference from Superintendent District Jail, Sonepat, according to which the convicts Manoj alias Kala son of Balbir and Ranjit son of Ram Kishan, both residents of village Bhanswal Kalan have been released on the same day i.e. on
5.2.2015, the date of decision of the appeal. The instant report is in pursuant to the modified jail warrants. Let warrants of arrest be issued against both the convicts returnable on or before 11.2.2015 for sending them into imprisonment in view of the judgment and order of sentence, of ld. lower court, dated 5.1.2013/7.1.2013 respectively."