Case Note & Summary
The applicant, Virendrasingh Ramprakashsingh Khairwar, was convicted under Section 302 IPC and sentenced to life imprisonment. On 21 March 2017, he was released on furlough for 21 days and was required to surrender on 12 April 2017. He failed to surrender on the due date, leading the Jail Superintendent to lodge a report on 14 April 2017, resulting in registration of FIR No. 140/2017 under Section 224 IPC for escape from custody. The applicant voluntarily surrendered on 3 May 2017, 21 days after the due date. He filed an application under Section 482 CrPC seeking quashing of the FIR, charge-sheet, and pending criminal case. The Court noted that the essential ingredient of Section 224 IPC is that the person must be in lawful custody at the time of escape. Since the applicant was on furlough and not in custody when he failed to surrender, the offence under Section 224 IPC was not made out. The Court held that the applicant's voluntary surrender did not constitute escape from custody. Accordingly, the Court quashed the FIR, charge-sheet, and all proceedings in R.C.C. No. 21479/2017 pending before the Judicial Magistrate First Class, Court No. 9, Nagpur.
Headnote
A) Criminal Law - Escape from Custody - Section 224 IPC - Furlough - Voluntary Surrender - The applicant, a life convict, was released on furlough for 21 days and failed to surrender on the due date. He surrendered voluntarily 21 days later. The Court held that since the applicant was not in custody at the time of the alleged escape, the essential ingredient of Section 224 IPC is not satisfied. The FIR and proceedings were quashed. (Paras 4-8)
B) Criminal Procedure - Inherent Powers - Section 482 CrPC - Quashing of FIR - The Court exercised its inherent powers under Section 482 CrPC to quash the FIR and charge-sheet when the facts did not disclose any offence under Section 224 IPC. (Paras 4, 8)
Issue of Consideration
Whether a prisoner who fails to surrender after furlough but later voluntarily surrenders can be prosecuted under Section 224 IPC for escape from custody.
Final Decision
The Court allowed the application and quashed FIR No. 140/2017, the charge-sheet, and all proceedings in R.C.C. No. 21479/2017 pending before the Judicial Magistrate First Class, Court No. 9, Nagpur.
Law Points
- Section 224 IPC requires that the accused be in lawful custody at the time of escape
- voluntary surrender after furlough does not constitute escape
- Section 482 CrPC can be invoked to quash FIR when no prima facie case is made out
Case Details
2022 LawText (BOM) (04) 128
Criminal Application (APL) No. 112 of 2020
V. M. Deshpande, Amit B. Borkar
Shri A. S. Chakotkar (appointed) for applicant, Shri S. M. Ghodeswar, APP for non-applicants/State
Virendrasingh Ramprakashsingh Khairwar
State of Maharashtra through Police Station Officer, Police Station MIDC, Central MIDC Road, Nagpur-16 and Jail Superintendent, Central Prison, Nagpur
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Nature of Litigation
Criminal application under Section 482 CrPC for quashing of FIR and charge-sheet for offence under Section 224 IPC.
Remedy Sought
Quashing of FIR No. 140/2017, charge-sheet, and Criminal Case R.C.C. No. 21479/2017 pending before Judicial Magistrate First Class, Court No. 9, Nagpur.
Filing Reason
The applicant was convicted under Section 302 IPC and sentenced to life imprisonment. He was released on furlough for 21 days on 21.03.2017 and was required to surrender on 12.04.2017. He failed to surrender on the due date, leading to registration of FIR under Section 224 IPC. He voluntarily surrendered on 03.05.2017.
Previous Decisions
The applicant was convicted under Section 302 IPC vide judgment and order dated 30.03.2015 by learned Additional Sessions Judge, Nagpur.
Issues
Whether the applicant's failure to surrender after furlough and subsequent voluntary surrender constitutes an offence under Section 224 IPC?
Whether the FIR and charge-sheet under Section 224 IPC are liable to be quashed under Section 482 CrPC?
Submissions/Arguments
The applicant argued that he voluntarily surrendered before the Jail Authority and therefore the essential ingredient of Section 224 IPC, i.e., being in lawful custody at the time of escape, is not satisfied.
The State opposed the application, but the Court found that the facts did not disclose any offence under Section 224 IPC.
Ratio Decidendi
For an offence under Section 224 IPC, the accused must be in lawful custody at the time of escape. Since the applicant was on furlough and not in custody when he failed to surrender, the essential ingredient of the offence is not satisfied. Voluntary surrender after the due date does not constitute escape from custody.
Judgment Excerpts
By filing the present application under Section 482 of the Code of Criminal Procedure, the applicant is praying for quashment of the First Information Report No. 140/2017 registered with Police Station MIDC for the offence under Section 224 of the Indian Penal Code (IPC) together with charge-sheet filed against him and the Criminal Case bearing R.C.C. No. 21479/2017 pending on the file of learned Judicial Magistrate First Class, Court No. 9, Nagpur on the ground that the applicant himself has surrendered before the Authority.
The applicant has himself surrender before the Jail Authority on 03.05.2017 i.e. after 21 days of his notified date.
It is the submission of the learned Advocate for the applicant that the applicant himself has surrendered before the Jail Authority and therefore, the essential ingredient of Section 224 of the IPC is not satisfied.
Procedural History
The applicant was convicted under Section 302 IPC on 30.03.2015 and sentenced to life imprisonment. He was released on furlough on 21.03.2017 and failed to surrender on 12.04.2017. FIR No. 140/2017 under Section 224 IPC was registered on 14.04.2017. The applicant surrendered on 03.05.2017. Charge-sheet was filed and Criminal Case R.C.C. No. 21479/2017 was pending before JMFC, Court No. 9, Nagpur. The applicant filed Criminal Application (APL) No. 112 of 2020 under Section 482 CrPC for quashing.
Acts & Sections
- Indian Penal Code, 1860 (IPC): 224, 302
- Code of Criminal Procedure, 1973 (CrPC): 482
