(1.) THE Petitioner was convicted by the Ex -officio Additional Sessions Judge, Bhatinda, in four cases under Sections 408 and 468 of the Indian Penal Code, - -vide order, dated March 24, 1973. In all the four cases he was sentenced to five years' rigorous imprisonment and to pay a fine of Rs. 40,500. The substantive sentences in all the four cases were ordered to run concurrently. In default of payment of fine, he was to undergo four years and seven months' rigorous imprisonment in all the four cases. It is alleged in the petition that the Petitioner has already completed five years' substantive sentence on October 23, 1976 and after that he is undergoing the sentence of imprisonment in default of payment of fine.
(2.) THE contention of the learned Counsel for the Petitioner is that the Petitioner is entitled to the ordinary remission under para 635 and remission for good conduct under para 639 of the Punjab Jail Manual. The Jail Authorities have refused to grant him remissions for the period of imprisonment which he is undergoing in default of payment of fine. It is against the refusal of the Jail Authorities that the present petition under Article 226/227 of the Constitution of India has been filed.
(3.) REPLY has been filed by the Respondents. It is admitted that the aforesaid two provisions of the Punjab Jail Manual are mandatory and are applicable to all the prisoners. These two provisions do not make any distinction between the imprisonment which a prisoner undergoes for an offence under the Indian Penal Code or any other law and the imprisonment which he undergoes in default of payment of fine. The State Government has not framed any law which may nullify the effect of the aforesaid two provisions of the Punjab Jail Manual with regard to the imprisonment which a prisoner undergoes in default of payment of fine.