NARINDER SINGH @ KALA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) NARINDER Singh petitioner was tried for an offence of murder and was sentenced to imprisonment for life on 5.2.1982 by Sessions Judge, Amritsar, After his conviction in the murder case, he was also sentenced under section 224 of the Indian Penal Code vide order dated 7.2.1990 pased by Judicial Magistrate, Amritsar and was awarded Rigorous Imprisonment for three months. This sentence was to run concurrently with the sentence of imprisonment for life. The petitioner had undergone more than 9 years actual sentence apart from 1 year 6 months under trial period. He earned remissions exceeding 5 years 6 months. He did not commit any jail offence and maintained a satisfactory conduct in Jail. In accordance with the guidelines issued by the State Government the petitioner moved a petition for grant of premature release on 8.10.90 and this petition was received by respondent No. 1 but case of the petitioner was not considered for a sufficiently long time. As a result, the petitioner filed Criminal Miscellaneous No 14616-M of 1990 which was put up for final hearing on 18.12.90 and the following order was passed :-

(2.) THE premature release case of the petitioner was required to be decided by 18.4.1991. He was not released and the presumption was that his case was considered and rejected. He was deprived of his liberty without following the procedure prescribed by law. So the petitioner moved this petition under section 482 of the Code of Criminal Procedure read with Articles 226/227 of the Constitution of India for issuing directions holding that further detention of the convict had become illegal and violative of Articles 14, 19 and 21 of the Constitution of India.

(3.) I have heard the learned counsel for the parties.