BALWANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner has filed the present petition with a prayer for issuance of directions to the respondent to release him by giving him the benefit of remissions granted by the State of Punjab vide order dated 11.4.2011 (Annexure P-1).

(2.) The petitioner stands convicted under Section 138 of the Negotiable Instruments Act and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.10,000/-. According to him, he is in custody since 20.9.2010 and as of date, has undergone about eleven months out of the sentence imposed upon him. On 14.4.2011, the Government of Punjab granted remissions of sentence by two months on the occasion of 'Baisakhi' to the prisoners undergoing sentence below three years. As the petitioner had been sentenced to undergo rigorous imprisonment for one year, he is entitled to the aforementioned remssions of two months.

(3.) Learned State counsel has drawn the attention of the Court to Clause 3 of the aforementioned order Annexure P-1 wherein it stands mentioned that no benefit of the remissions could be extended to a person convicted for the offence committed under the Central Law and as the petitioner has been convicted and sentenced under Section 138 of the Negotiable Instruments Act, which is a Central Law, he cannot be extended the benefit of the remissions.