NARINDER NATH UKHAL Vs. STATE

JUDGEMENT

(1.) Narinder Nath Ukhal, the petitioner herein who is undergoing imprisonment for life for having committed the offence under Section 302 of the Indian Penal Code, seeks directions to the State for his premature release as according to him he has already undergone over 14 years rigorous imprisonment, including the period of remissions. His case is that his premature release was recommended by the Jail Superintendent and hence he was entitled to be prematurely released within the ambit of paragraph 516-B of the Punjab Jail Manual.

(2.) The admitted position is that the provision of Section 433-A of the Code of Criminal Procedure is not applicable to the present case as the petitioner was sentenced to imprisonment for life on 20th February, 1978, i.e., prior to the enforcement of that Section on 18th December, 1978. In the counter-affidavit it is further admitted that the petitioner has undergone a total period of 14 years and 16 days of sentence,.including the undertrial period and the period of remissions. Calculating the imprisonment for life to be 20 years inclusive of remissions, the respondents aver that as on 30th September, 1987, the unexpired portion of the petitioner's sentence was 5 years II months and 14 days.

(3.) The petitioner's case was recommended by the Jail Superintendent for premature release. The Sentence Revising Board in its meeting of the 16th December, 1987, however, did not accept the said recommendations and relying en the report of the Probation Officer observed that it was not a fit case for premature release. The extract of the minutes of the said meeting relating to the petitioner's case has been annexed with the counter-affidavit of Shri V.K S. Chauhan, Superintendent Central Jail No. 2, Tihar. It reads :