BALBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner alongwith his co-accused was involved in a murder case bearing FIR No. 151 dated 26.9.1990 of Police State Dirba under Sections 302/149 IPC read with Section 148 IPC. After trial, he alongwith his co-accused was found guilty and convicted under Section 302/149 IPC and sentenced to life imprisonment and a fine of Rs. 2000/- for committing murder of Gurdial Singh @ Jhanda Singh of his village. The petitioner alongwith his co-accused was also sentenced to undergo RI for two years and a fine of Rs. 500/- under Section 148 IPC. However, both the substantive sentences were ordered to run concurrently.

(2.) NOW the petitioner has filed the present petition for pre-mature release.

(3.) THUS , according to this chart, the petitioner up to date has already undergone sentence of more than 10 years and with remissions he has undergone sentence of about 17 years. Learned counsel for the petitioner contended that according to the instructions of the Punjab Government dated 15.8.2002, the petitioner was entitled to be released i.e. after having undergone 8 years of actual sentence and more than 13 years with remissions. The State has also stated in Para No. 6 of the reply, that pre-mature release case of the petitioner is under consideration of the Government vide instructions dated 15.6.2002. In such circumstances, the respondent are directed to constitute a Committee and to consider the case of the petitioner for pre-mature release within one month from the receipt of the copy of the order from this Court. Accordingly, the petition is disposed of. Petition allowed.