KARNAIL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition under Section 482 of the Code, of Criminal Procedure 1973 (hereinafter referred to as the Code) read with Articles 226 and 227 of the Constitution of India relates to grant of premature release to the petitioner, who was arrested in a case under Section 302 of the Indian Penal Code on October 12, 1981 and was convicted and sentenced to undergo imprisonment for life for the said offence on 3.9.1982.

(2.) ACCORDING to the petitioner, he has already undergone more than 9 years and 8 months of actual sentence and earned remisions of six years .and eight months. It was further pleaded that. the petitioner filed mercy, petition under Article 161 of the Constitution of India on 26th December, It 1989. J. B. Garg, J. vide order dated 22nd of August, 1990 directed the State to consider the mercy petition of the petitioner within four months. 'The said mercy petition was declined by the State vide order Annexure P/6 dated 17.9.1991 on the basis of new instructions issued by the State Government dated 8th of July. 1991.

(3.) IN somewhat similar circumstances B. S. Nehra, J. vide his order dated 4th of December, 1991 in Zora Singh v. State of Punjab and another, in Criminal Misc. No. 11317-M of 1991, directed the State to consider the case of convict for premature release in the light of instructions/guidelines issued by it which were prevalent prior to 18.5.1991, i.e. the period upto which this Court had directed the State to consider the case for premature release of the said convict. The aforesaid authority is fully applicable and covers the case of the petitioner as well.