MEHTAB SINGH Vs. STATE

JUDGEMENT

(1.) As common questions arise for consideration, the two petitions namely Cr. Writ 514 of 1987 and Cr. Writ 448 of 1987 are being disposed of by a common judgment.

(2.) . The petitioner who are undergoing life imprisonment having been convicted for the offence of murder, seek directions for their immediate release from Central Jail, Tihar as according to them they have completed over 14 years of imprisonment, including remissions. Their reliance is on paragraph 516-B of the Punjab Jail Manual, under which provision, they aver that their cases were recommended for premature release by the Jail Superintendent but rejected by the Sentence Revising Board on arbitrary and nonexistent grounds.

(3.) . Mehtab Singh is the petitioner in Criminal Writ Petition No. 514 of 1987. 0m Parkash is the petitioner in Criminal Writ Petition No. 448 of 1987. Mehtab Singh was convicted for having murdered his daughter on 25th January, 1978. In the counter-affidavit it is admitted that as on 30th September, 1987, he has undergone a total sentence including remissions and under-trial period of 15 years 7 months and 25 days. According to the respondents, he has still to undergo sentence of 4 years 4 months and 5 days to complete 20 days rigorous imprisonment, which according to them, a person convicted for life has to undergo under the Jail Manual. It appears that in accordance with paragraph 516-B of the Jail Manual, the case of this petitioner was recommended for premature release by the Jail Suyerintendent.