GURDIAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) DETENU -petitioner Gurdial Singh is undergoing life imprisonment in Central Jail, Ludhiana, persuant to his conviction under section 302 of the Indian Penal Code on 28th September, 1973. In terms of Supreme Court order dated 8th February, 1979, the petitioner remained on bail during the period 8th February, 1979 to 4th August, 1989. The solitary point for determination in Cr. W.P. No. 1064 of 1990 is whether the petitioner is entitled to 8 years 2 months and 25 days of remission detailed in para 4 of the petition. The claim is based on circular letters Annexures P1 to P8.

(2.) IN reply it was asserted that 5 years 1 month and 7 days remission legally permissible has been duly allowed to the detenu petitioner and that remissions granted during the period 8th February, 1979 to 4th August, 1989 are not legally admissible to the petitioner because he did not surrender to jail custody voluntarily on 27th September, 1988 when his appeal was dismissed by the Supreme Court.

(3.) IDENTICAL legal position was adverted to by the Supreme Court in Jai Parkash and others v. State of Haryana and others, 1987(2) Recent Criminal Reports 377 (SC) : AIR 1981 Supreme Court 2225, wherein their Lordships observed :-