SUKHMANDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a petition under Section 482 Cr.P.C. read with Articles 226 and 227 of the Constitution of India, brought by Sukhmander Singh, a life convict, for issuance of a direction for his premature release.

(2.) THE petitioner was tried before the Sessions Judge, Faridkot, and convicted and sentenced to life imprisonment vide judgment of that Court dated July 26, 1982. As on the date of application, he had undergone more than 9 years of actual sentence and earned remissions exceeding 6 years making out a total of 15 years sentence. He was 17 years of age at the time of conviction and under the Rules, he was entitled to be considered for premature release after undergoing 5 years of actual sentence and a total of 10 years including remissions. During the period of his confinement in jail, he was found guilty of certain jail offences. He challenged those punishments in writ petitions No. 3732 of 1989 and 3734 of 1989, and jail punishments dated May 25, 1983, February 13, June 26, 1985, October 2, 1985 and November 14, 1987 were set aside by this Court in those writ petitions. However, a jail punishment awarded on February 9, 1985 still remains intact. The petitioner claims his premature release on the basis of his undergoing requisite period of sentence, and he relies on the instructions Annexures P-1 to P-3.

(3.) ORDER rejecting the mercy petition of the petitioner is Annexure P-8. Relevant portion of the order may be quoted :-