STATE OF GUJARAT Vs. LAL SINGH @ MANJIT SINGH

JUDGEMENT

(1.) The present appeal, by special leave, is directed against the judgment and order dated August 23, 2012 passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Writ Petition No. 1620 of 2011 whereby the High Court entertaining the Writ Petition had opined that the order dated 26.07.2011 passed by the Government of Gujarat declining to grant the benefit of premature release to the first respondent herein is illegal and further directed the State Government to reconsider his case and take a fresh decision in the light of the discussions made in the impugned order and further to release him on parole for a period of three months on furnishing personal bond/security bond for a sum of Rs. 50,000/- to the satisfaction of the concerned Jail Superintendent.

(2.) The facts which are essential to be stated are that the first respondent along with 20 other accused was tried in TADA Cases Nos. 2, 7 of 1993 and 2 of 1994. The Designated Judge, Ahmedabad (Rural) at Mirzapur, Ahmedabad convicted the first respondent and some others for the offences punishable under Section 3(3) of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (for short, "the TADA Act") and sentenced to suffer life imprisonment and to pay a fine of Rs. 10,000/- each and in default to suffer RI for 6 months; under Section 120-B(1) IPC sentenced to suffer RI for 10 years and to pay a fine of Rs. 5,000/- each, in default to suffer RI for 3 months; under Section 5 of the TADA Act sentenced to suffer life imprisonment and to pay a fine of Rs. 10,000/- and in default to suffer RI for 6 months; under Section 5 of the Explosive Substances Act to pay a fine of Rs. 5,000/- and in default to undergo RI for 3 months; under Section 25(1-A) of the Arms Act sentenced to suffer RI for 7 years and to pay a fine of Rs. 5,000/- and, in default, to suffer RI for 3 months. Be it stated, he was also convicted for the offence punishable under Section 3(3) of the TADA Act read with Section 120-B IPC but no separate sentence was awarded. All the sentences were directed to run concurrently.

(3.) The first respondent preferred Criminal Appeal No. 219 of 1997 and the said appeal was heard along with the appeals preferred by other convicts. This Court in Lal Singh v. State of Gujarat and another, 2001 3 SCC 221 scrutinized the evidence in detail and ultimately dismissed the appeal preferred by the first respondent and confirmed the conviction and the sentence as imposed by the learned Judge, Designated Court.