BHURA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner has filed this petition under Section 482 of "the Code of Criminal Procedure read with Articles 226/227 of the Constitution of India for his premature release.

(2.) THE Petitioner was tried for the offence of murder and was sentenced to undergo imprisonment for life on 15.10.1982. He had undergone more than 9 years 10 months actual sentence and had also earned remission exceeding 5 years and 10 months. He maintained satisfactory conduct in jail and had not committed any jail offence. He enjoyed parole and forlough on five occasions. He thus became eligible for consideration for his premature release under Article 161 of the Constitution. He moved a petition for grant of premature release on 10.7.1990 but the State Government failed to consider his case for a sufficient long time. He then filed writ petition No. 12144 -M of 1990 which was decided on 16.11.1990. The State Government was directed to dispose of mercy petition of Bhura Singh within four months. The petitioner alleged that his case was not decided by the Government although he fulfilled all the requisite conditions for grant of premature release as per instructions Annexure P -1 to P -3.

(3.) DURING the pendency of the petition, the case of the petitioner was considered and rejected by the Government and the petitioner placed on record copy of the order dated 15.5.1991 which is annexure P -6. He was not granted any remission of sentence on the ground that there was apprehension of breach of peace and there did not exist any ground of compassionate nature keeping which in view prerogative of mercy could be exercised in favour of the petitioner. Brother of the petitioner who was acquitted at the trail by getting benefit of doubt was in a position to look after the family affairs.