LAKHWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) LAKHWINDER Singh is a life convict under Orders dated 9-8-1980, passed by the Addl. Sessions Judge, Amritsar.

(2.) HE claims that he has undergone actual sentence for 9 years and 2 months and had also earned remissions for 6 years 9 months and 26 days and remained as under-trial for 3 months and 7 days. He has also committed no jail offence, nor was he awarded any jail punishment. The Panchayat had recommended his premature release. Under the instructions of the Govt. he is entitled to be released prematurely. His case for premature release was dismissed by the respondent-authorities vide order dated 6-10-1989, Annexure P 5. but the same is not justified. The petitioner has relied on the fact that some other convicts, similarly placed, have been prematurely released.

(3.) IN this background, premature release of the convict merely because the convict has undergone actual sentence for 8-1/2 years and with remission 14 years cannot be allowed. The apprehension expressed especially by Hari Singh is well founded because he was the person on whose life an attempt had first been made. The convict has not given any details with regard to his own family and family of his father and as such no adverse inference can be drawn that his parents are old or that there is none to look after them.