PREM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BY means of this criminal miscellaneous, under Section 482, IPC, read with Articles 226/227 of the Constitution of India, the petitioner claims his detention to be violative of Articles 14, 19 and 21 of the Constitution of India and to have been unlawfully deprived of the benefit of premature release. The petitioner was tried for the offence of murder by the Sessions Judge, Sangrur and vide his judgment dated 6.4.79. he was sentenced to imprisonment for life. He has undergone more than 13 years actual sentence and earned remissions for 8 years and 3 months the has also availed of paroles during this period and except for one solitary incident of 19.9.85 when he was found in possession of Rs. 10/- in cash, coupons worth Rs. 180/- and 100 intoxicating pills, he has not, committed any other jail offence. In view of the guidelines Annexure PI, to P3, he has become entitled to be considered for premature release. His case for premature release has been rejected by the authorities vide Annexure P4 dated 20.11.90. This rejection has been ordered on the following grounds :

(2.) IN the return, the fact that the petitioner had undergone 13 years 2 months and 29 days actual sentence and earned remission for 8 years 8 months and 20 days, as on 7.9.91, was admitted. It was further claimed that his case was considered and rejected on merits on 28.11.90. Annexure P4 is the rejection order relating to the premature release case of the petitioners and so far as relevant for the purpose of this case, it reads as under:

(3.) SO far as 'jail punishment' of 1985, is concerned, that was a stale matter. A Single Bench of this Court in Charat Singh v. State of Punjab and another, Cr. WP No. 1414/1987, decided on 4.8.89, held that after the expiry of three years of the commission of the last jail offence, the petitioner shall be entitled to premature release.