MOHINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) MOHINDER Singh son of Hazara Singh has been sentenced to imprisonment for life for an offence under Section 302 of the Indian Penal Code by Sessions Judge, Bhatinda on 8-11-1979. According to the schedule worked out in para No. 1 of the petition, this convict has undergone a substantive sentence of 11 years 6 months and 19 days. Beside this, he has also earned remissions for a period of 7 years, 8 months and 21 days. He applied for premature release but that State Government has declined this proposal on 20-4-1991 mainly on the plea that there was apprehension of breach of peace. The petitioner claimed that his age at the time of commission of the offence was 16 years whereas the Sessions Judge observed it to be 19/20 years.

(2.) ON behalf of the petitioner it has been stressed that according to the instructions (Annexure P-3) his case for premature required consideration after he had undergone 8-1/2 years of sentence whereas by now, he has undergone a much longer sentence as detailed above. There is no important reason in Annexure P-4 whereby the petition for premature release was rejected by State Government on 20-4-1991 and his alleged tendency towards any probable immoral act cannot be taken into consideration for rejecting the plea of the petitioner.