LAWS(P&H)-2010-8-95

HARJINDER SINGH Vs. STATE OF PUNJAB

Decided On August 03, 2010
HARJINDER SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) The present petition filed under Section 482 Cr.P.C. is for issuance of appropriate direction to the respondents to release the petitioner by allowing benefit of special remission granted to other convicts, while on bail till before 11.9.2001 under the various orders issued by time to time, by the States of Punjab and Haryana under Article 161 of the Constitution of India read with Sections 432, 433-A Cr.P.C., in view of the decision dated 11.9.2001 of Hon'ble Apex Court in Crl. Appeal No. 910-919 of 2001 titled s Joginder Singh v. State of Punjab and others, as petitioner has already undergone substantial portion of sentence.

(2.) I have heard learned counsel for the parties and have gone through the whole record carefully.

(3.) It has been contended by learned counsel for the petitioner that petitioner was convicted and sentenced to undergo rigorous imprisonment for a period of one year and to pay fine of Rs. 500/- and, in default of payment of fine, to further undergo rigorous imprisonment for a period of one month for offence under Section 409 IPC in FIR No. 91, dated 15.4.1991, registered under Sections 409, 467, 468, 201 IPC, at Police Station Sangrur, vide judgment dated 16.10.1999. He preferred appeal against the said judgment and order of sentence before the Court of Sessions, Sangrur, however, his appeal was also dismissed vide judgment dated 21.1.2003. Petitioner preferred revision petition before this Court against the judgment passed by Courts below and however, the criminal revision was also dismissed by this Court vide judgment dated 6.1.2010. Petitioner remained on bail during pendency of trial, appeal and revision petition, however, he was taken into custody on 15.4.2010 to serve the sentence.