PARKASH SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner is undergoing imprisonment for life in a murder case. He has allegedly undergone more than 8-1/2 years of actual imprisonment besides more than 14 years imprisonment including remissions. Thus he craves for issuing a writ of habeas corpus for his release on the ground that the State Government is not exercising its powers of clemency under its own instructions issued on 12-12-1985. During the pendency or this writ petition, the petitioner had filed a mercy petition dated, 22-1-1990 before the State authorities for premature release.

(2.) IN return filed by the respondent State it is maintained that the premature release of a prisoner undergoing lifer imprisonment in a murder case cannot be considered before he has actually suffered 14 years of actual imprisonment in view of the provisions under section 433A of the Code of Criminal Procedure. Maru Ram v. Union of India, AIR 1980 Supreme Court 2147 was also stressed in this regard.

(3.) THUS under these circumstances, the State Government is directed to dispose of the mercy petition of the petitioner as per its own instructions within four months of this order, failing which the petitioner shall be released on bail on furnishing requisite bonds to the satisfaction of District Magistrate, Amritsar.