GURCHARAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition under Article 226/227 of the Constitution of India relates to grant of premature release of the petitioner under Article 161 of the Constitution of India.

(2.) IN brief, facts relevant for the disposal of this petition, are that the petitioner was convicted under Section 302 of the Indian Penal Code and was sentenced to undergo imprisonment for life by Sessions Judge, Faridkot, vide, his order dated 26-8-81. According to the petitioner he has already undergone 8 years 10 months in detention before and after his conviction upto 4-1-1990. Besides he has earned remission to the extent of 6 years and 8 months and was legally entitled to get his case for grant of premature release considered by the State.

(3.) ADMITTEDLY , the mercy petition, filed by the petitioner's counsel was received by the jail authorities on 29-1-90 and the same has already been forwarded by the jail authorities concerned to Inspector General of Prisons, Punjab for completion of jail record and for verification of grounds of mercy and comments/recommendations of the District level authorities. Obviously, the mercy petition moved on behalf of the petitioner has not so far been decided by the State, the State is accordingly directed to dispose the mercy petition of the petitioner within three months from today according to law by passing a speaking order. This petition is accordingly allowed to the event indicated above. Copy of this order be sent to Inspector General (Prisons) Punjab as well as to Home Secretary Punjab State, at Chandigarh for compliance.