Congress leader Navjot Singh Sidhu has sought a week's time to surrender citing some "medical conditions." Sidhu has been sentenced to one year jail term in the 1988 road rage case.
The apex court has asked Sidhu's lawyer Abhishek Manu Singhvi to move a proper application on this and mention it before the CJI bench.
The development took place after a review petition was filed by the deceased Gurnam Singh's family. Sidhu was earlier pronounced guilty in May 2018, for which only a fine of Rs 1,000 was imposed.
"We feel there is an error apparent on the face of the record. Therefore, we have allowed the review application on the issue of sentence. In addition to the fine imposed, we consider it appropriate to impose a sentence of imprisonment for a period of one year," the bench Justices AM Khanwilkar and SK Kaul said while announcing judgement on the review plea.
Sidhu refused to comment when about the judgement after he was pronounced the jail term. He said, "No comment."
In response to the review petition, Sidhu argued that his conviction in the case should not have been merely for the lesser offence of voluntarily causing hurt. Sidhu also said that it is an abuse of process when the plea seeks enlargement of the scope of notice in the matter relating to a review of the sentence
The Supreme court concluding that the case falls under section 323 of the IPC, had set aside the Punjab and Haryana High Court order of a three-year jail term after convicting him of culpable homicide. Section 323 (punishment for voluntarily causing hurt) of the Indian Penal Code entails a maximum jail term of up to one year or with a fine extending upto to Rs 1,000 or both.
The top court had also acquitted Sidhu's aide Rupinder Singh Sandhu stating a lack of evidence about his presence at the site of the incident with the convict.
Punjab and Haryana HC 2006 had pronounced the former cricketer and his friend guilty under section 304 (II) (culpable homicide not amounting to murder) of the IPC in December 2006 and sentenced three years in jail and Rs 1 lakh each on them. Patiala District and Sessions court had earlier acquitted them in 1999 of murder charges citing a lack of evidence.
According to the prosecution in the court, on December 27, 1988, both Sidhu and Sandhu were in a Gypsy parked in the middle of a road near the Sheranwala Gate Crossing in Patiala when the victim and two others were on their way to the bank to withdraw money. This resulted to heated exchanges and a physical fight, leading the victim to succumb to his injuries later.
First Published: May 20, 2022 1:37 PM IST
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