SUKHWINDER SINGH @ SUKHDEV Vs. STATE OF PUNJAB

JUDGEMENT

(1.) SUKHWINDER Singh alias Sukhdev has come to this Court with a criminal miscellaneous under section 482 Cr.P.C. read with Articles 226/227 of the Constitution of India for the issuance of a direction for his release by accepting his mercy petition.

(2.) THE petitioner was convicted and sentenced to life imprisonment de order of the learned Addl. Sessions Judge, Gurdaspur dated 27-10-1980. He had been in custody since 16-5-1980. He had, thus, undergone a total of 10 years and 2 months imprisonment and has earned remission for 6 years and 4 months, as on the date of the petition. He further claims that he has not suffered any Jail punishment and his conduct has been good. Under the instructions he is entitled to premature release. His mercy petition was, however, rejected vide order dated 7-12-1990. Since he had undergone the requisite period under the instructions, Annexures P1 to P3. his case should have been accepted.

(3.) IN the rejection order, Annexure R1, the relevant portion dealing with the grounds of rejection may be quoted :