JHANDU RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) JHANDU Ram petitioner was convicted and sentenced to undergo imprisonment for life by the learned Sessions Judge, Bhatinda on 21.10.1980 and he is confined in Central Jail, Bhatinda. He has undergone more than 11 years actual sentence and has also earned remissions of seven years. He became entitled to be released prematurely under the instructions issued by the State Government but he was deprived of the benefit of premature release on the ground that while undergoing sentence he committed various jail offences. It was alleged that on 9/10.6.1983, he was found to have consumed intoxicating tablets for which he was imposed the punishment of bar fetters for seven days. On 10.7.1983 he was found having taking intoxicating tablets. On 2.6.1984, he was found, in intoxicated position. He was again found in the same position on the intervening night of 28/29.11.1984. Lastly on 4.4.1985, he, was found in possession of Rs. 300/ -. The petitioner averred in the petition that all these jail offences were committed about 6 years back and thereafter he was never found guilty of the commission of any jail offence. He was granted benefit of parole and furlough on number of occasions even after the commission of the said jail offences. The punishment looses its effect on -the -expiry of five years and punishment on this ground alone, cannot be taken into consideration while determining the case of his premature release. The petitioner has thus filed the present petition under Section 482 of the Code of Criminal Procedure read with Articles 226/227 of the Constitution of India for quashing punishment awarded for the jail offences. He assailed the jail punishment on other grounds also i.e. he was not afforded any opportunity defend - himself and was not associated in the enquiry conducted for judicial appraisal.

(2.) THE State was granted sufficient opportunities to file a reply but no reply has been filed.

(3.) I have heard the counsel for the parties.