PAWAN KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present petition under Article 226 of the Constitution of India has been filed praying for the issuance of an appropriate order or direction, directing the respondents to release the petitioner forthwith prematurely on usual terms and conditions as per Govt. Instructions dtd. 8/7/1991 (Annexure P-1) as further the detention of the petitioner in jail would be illegal, arbitrary and discriminatory with a further prayer to consider the case of the petitioner for the grant of premature release in terms of the Policy (Annexure P-1). It is still further prayed that during the pendency of this case, the petitioner be released to interim bail/parole.

(2.) The brief facts of the case are that the petitioner was arrested in FIR No.177 dtd. 24/10/1996 registered under Ss. 302, 307, 392, 34 IPC and under Ss. 25 and 27 of Arms Act, Police Station Kotwali, District Bathinda and tried for the said offences and ultimately convicted under Ss. 302 and 392 read with Sec. 34 IPC and sentenced to undergo imprisonment for life by the learned Additional Session Judge, Bathinda on 10/10/2020. Thereafter, the petitioner assailed the impugned judgment vide Criminal Appeal No.638-DB-2000 which was dismissed by this Court on 28/11/2009.

(3.) The Punjab Government has issued Instructions dtd. 8/7/1991 regarding premature release of the life convicts while exercising the powers conferred under Ss. , 432, 433 and 433(A) of Cr.P.C. and Article 161 of the Constitution of India. It has been provided in the Government instructions that where the death sentence has been commuted into life imprisonment the case will be considered after undergoing 14 years actual sentence and with remission 20 years and in the case of heinous crimes, his case would be considered after undergoing 12 years actual sentences and 18 years with remissions and further in a simple murder case after 10 years and with remissions 14 years.