PREMI Vs. STATE

JUDGEMENT

(1.) The appellant was convicted by a judgment passed by the learned Additional Sessions Judge on May 28, 1979, under S. 302 read with S. 34 Indian Penal Code ., and sentenced to imprisonment for life. His applications for suspension of sentence were rejected on merits on August 2, 1979, and on November 12, 1979. He has moved a fresh application for suspension of sentence and bail on the ground that following the decisions of the Supreme Court in Kashmira Singh v. The State of Punjab, AIR 1977 S.C. 2147(1); Babu Singh and others v. The State of Uttar Pradesh, AIR 1978 S.C. 527(2); and Chandgi Ram v. Delhi Administration, Cr. Misc. Petition No, 2961 of 1969, decided on September 19, 1979(3), this court has been releasing the convicts on bail where they have undergone 3 years and more of the sentence even in case where they were convicted for life imprisonment. He referred to a few of such order in cases, namely, Cr. M. 982 of 1978 decided on August 7, 1978, Cr. M. 1061 of 1978, decided on August 24, 1978, Cr. M. 1658 of 1978, decided on August 24, 1980, and Cr. M. 727 of 1978, decided on July 17, 1978. It is urged that the appellant has undergone 3 years and 9 months of his sentence including remissions before he was allowed a parole of 45 days to look after his aged and indigent mother on May 22, 1980, which was extended by another 10 days on July 10, 1980. Two of the co-accused have already been enlarged on bail. It is urged that since the appeal is not likely to be heard in the near future, the appellant should be enlarged on bail.

(2.) Bawa Gurcharan Singh appearing for the applicant placed strong reliance, in support of the application, on the following observations of their Lordships in Kashmira Singh's case (supra) :

(3.) This view, the learned counsel submitted, was re-affirmed in Babu Singh's case (supra).