BAKHTAUR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This bunch of petitions raise common questions of law for the consideration of this Court (1) Whether all those convicts, who remained on bail till 11.9.2001, should be given benefit of remissions granted by the State from time to time or not? (2) Why a cut off date i.e. 11.9.2001 is so sacrosanct for grant of remissions? (3) Whether contention of learned counsel for the petitioners that 11.9.2001 is the date when Hon'ble the Apex Court rendered a judgment in Joginder Singh v. State of Punjab, 2001(4) Recent Criminal Reports 341 should be determined as cut off date is tenable or not ? These questions raise another very pertinent issue (4) Whether the interpretation of law given, in a judgment by the Court of law, is to apply prospectively or retrospectively?

(2.) Before I could express my humble opinion and answer the above said questions, it will be necessary to give a brief gist of facts from one of the petitions, which are being taken from Criminal Misc. No. M-25340 of 2011 titled as Bakhtaur Singh v. The State of Punjab and Others.

(3.) Bakhtaur Singh was nominated as an accused in case FIR No. 9 dated 11.1.1991, registered at Police Station Dialpura, District Bathinda, under Sections 326, 324, 323, 148 and 149 IPC. Vide judgment dated 1999, the trial Court held the petitioner guilty for the offence under Section 326 read with Section 149 IPC and sentenced him to undergo rigorous imprisonment for a period of two years and to pay a fine of ! 500, in default whereof to further undergo rigorous imprisonment for a period of three months, besides there being lesser sentence for other offences.