SARDARA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner was arrested on March 23, 1982 and was convicted and sentenced on September 14, 1982, in a case under Section 302 of the Indian Penal Code to file imprisonment by the Sessions Judge, Gurdaspur. He had earlier applied to the State Government on August, 2, 1990, for his pre-mature release in accordance with the instructions issued by the State Government on December 12, 1985 (Annexure P-3). According to these instructions, the petitioner was required to undergo actual sentence for a period of 7-1/2 years and inclusive of remissions, he was required to undergo a total period of 14 years sentence. Since the petitioner's case was not decided by the State Government he moved this court and on December 11, 1990, this Court directed the State Government to consider the petitioner's case for pre-mature release within four months vide order Annexure P-2. The Government had declined to release the petitioner on the ground that new instructions had come into force in the meanwhile, on July 8, 1991. According to these instructions, the petitioner was required to undergo 10 years actual sentence and a total period of 14 years sentence inclusive of remissions.

(2.) LEARNED counsel for the petitioner has contended that new instructions issued by the State Government on July 8, 1991, are inapplicable, as according to him, the petitioner had become eligible for pre-mature release under the previous instructions date December 12, 1985 (Annexure P-3) inasmuch as the petitioner had by then, completed the sentence which he was required to undergo under those instructions. He, therefore, maintained that the contention of Assistant Advocate General, in the circumstances, that new instructions dated July 8, 1991, are applicable to the petitioner's case for premature release, is untenable.