PYARA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) HARI Singh convict is undergoing imprisonment for life in a case of murder. He has actually suffered more than five years of sentence besides having earned some remission more than, 10 years including remissions. He had applied to the State Government for premature release on the ground that he was less than 20 years of age at the time of commission of the offence on the basis of the instructions issued by the State Government Annexures P 1 to P 3.

(2.) IN reply, the State Government has maintained that his case was rightly rejected as he was 23-24 years old at the time of his conviction and thus could not be said to be 20 years old at the time of commission of offence.

(3.) A perusal of copy of the order of the State Government dated 10th November, 1989 (Annexure P7) reveals that the concession of premature release was withheld to the petitioner only on the ground that he was more than 20 years old at the time of commission of offence. There is no material to conclude from the reply filed by the respondents that the detenu had committed any jail offence after the passing of the impugned order.