ASHWANI KUMAR ALIAS ASHU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present petition has been filed under Section 482 of the Code of Criminal Procedure for issuance, of direction to the Respondents to consider and decide the(premature release case of the Petitioner) by not taking into consideration his alleged minor jail misconduct dated 31.1.2010, for which he has already been awarded punishment of stoppage of 25 days interview on the ground that he has (already undergone the sentence awarded to him')and is eligible to be released in accordance with the Instructions issued by the Government of Punjab on the subject and after setting aside the impugned order dated 20.5.2010 passed by the Superintendent, Borstal Jail, Ludhiana -Respondent No. 3 ordering that the premature release case of the Petitioner is not entitled to be considered until the expiry of five years from the date of the alleged minor jail misconduct Government Annexure R-2.

(2.) These facts have not been disputed by the learned State counsel. However, the learned State counsel has contended that the cases of premature release of convicts are considered provided the convict has maintained good conduct in jail and that good conduct is that he has not committed any jail offence for a period of five years prior to the date of his eligibility for consideration for release. It is further contended that though the Petitioner has completed the requisite sentence, but his case for premature release was not considered on account of jail offence dated 31.1.2010.

(3.) There is no dispute regarding factual position. Admittedly, the Petitioner has been awarded jail punishment. There is also a provision in the policy Annexure R-2, which reads as under: