BAKSHISH KAUR /DETENU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BAKSHISH Kaur petitioner has come to this Court in this petition under Section 482 Cr.P.C. read with Articles 226/227 of the Constitution of India praying for issuance of a direction for her premature release by acceptance of her mercy petition.

(2.) THE petitioner was tried for offence of murder by the Sessions Judge, Hoshiarpur, and vide judgment dated November 3, 1982 she was convicted and sentenced to life imprisonment. As on Jan. 31, 1991, she had undergone more than 8 years and 7 months actual sentence and also earned remissions exceeding 6 years. Throughout her stay in jail, she had not committed any offence. The State Government had issued instructions Annexures P -1 to P -3 for premature release cases of the convicts after coming into force of Section 433 -A of the Code of Criminal Procedure. Keeping in view these instructions, the petitioner moved the State Government by way of a petition under Article 161 of the Constitution of India and copy of the same is Annexure P -4. She had claimed premature release on the basis that she had undergone more than 6 years actual sentence and a total of 10 years including remissions and had not committed any jail offence, and as such in terms the instructions Annexure P -3, she was entitled to benefit of premature release. This petition having not been decided, she came to this Court in Cr.W.P. No. 1570 of 1990 which was decided on August 7, 1990, and vide order Annexure P -5, a direction was issued by this Court for deciding the premature release case of the petitioner by passing a speaking order within three months. The State Government having failed to consider the case of the petitioner, she was released on bail on Jan. 31, 1991. The premature release case of the petitioner was however, rejected vide dated 18.2.1991 order regarding which communication dated February, 25, 1991 was sent. The petitioner challenges the validity of that order and seeks her premature release.

(3.) IN the return filed, it was admitted that the petitioner had undergone 8 years, 9 months and 6 days substantive sentence and also earned remissions of 5 years, 10 months and 20 days. That the case of the petitioner was considered, but was rejected and this order was communicated to her and the petitioner had surrendered to the authorities on March 25, 1991, That the case of the petitioner had been considered and rejected by the government after due application of mind.