RANJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) RANJIT Singh was arrested on 27.8.1979 on a charge of murder but he was discharged on 6.11.1979. Thereafter on a private complaint he was tried for that very offence and was sentenced to imprisonment for life on 10.7.1988. Since that day he is confined in jail and had undergone more than 9 years 7 months of actual sentence and had also earned remissions exceeding 7 years. He remained on parole for five days. Throughout the period of sentence he was never found guilty of any jail offence and his conduct remained good. The State of Punjab issued various guidelines in the exercise of powers under Article 161 of the Constitution and in view of these guidelines Ranjit Singh petitioner moved a petition for grant of pre-mature release. His case was considered but the same was rejected vide order Annexure p/4.

(2.) IN the order Annexure p/4 it was mentioned that on 3.1.1990 Ranjit Singh had undergone actual sentence for 8 years 4 months 28 days, and had earned remission for 6 years 11 months 9 days. He also remained on parole for three months 29 days. In jail he did not commit any offence but in September, 1989 he along with his co-accused obtained release on bail from the Chief Judicial Magistrate, Bhatinda under forged orders by the Hon'ble Supreme Court. It was further observed that before the occurrence he enticed away the mother of the person to whom he wanted to marry his daughter and thereafter he tried to grab the land of Harbans Kaur who had started living with him. The party of the deceased merely helped Sher Singh, husband of Harbans Kaur. Thus, conduct of Ranjit Singh was not satisfactory during imprisonment as well as prior to the occurrence and he was not entitled to premature release.

(3.) IN reply filed to the petition the respondents admitted that as on 28.3.1991 the petitioner had undergone actual sentence for 9 years 6 months 18 days inclusive of under trial period and had earned remission of 7 years 6 months 24 days. He was allowed parole for 6 months 10 days. He, however, obtained his release on bail on the basis of a forged order by the Hon'ble Supreme Court and the forgery could not be without his knowledge or consent. It was further contended that even before his conviction in the present case he was involved in another case of murder of Harnek Singh and that case was still pending.