SUDHIR KUMAR Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) THE present petition has been filed under Article 226/227 of Constitution of India for quashing the impugned order dated 20.05.2013 passed by respondent No. 1 (Annexure P -18) and further holding that petitioner is entitled to all the remissions granted by State of Punjab in exercise of power under Article 161 of the Constitution during the period, petitioner was on bail and further claiming that petitioner has already undergone sentence awarded to him and his further detention has become violative of Articles 14, 19 and 21 of the Constitution and he deserves to be released forthwith unconditionally. I have heard learned counsel for the parties and have gone through the whole record.

(2.) BRIEFLY stated, petitioner was involved in a case registered vide FIR No. 342 dated 30.11.1987 under Section 304B of Indian Penal Code registered at Police Station Kotwali Bathinda. He was convicted by learned Sessions Judge, Bathinda for the offence under Section 304B of IPC and awarded rigorous imprisonment for seven years vide judgment dated 17.01.1990 (Annexure P -1). Appeal filed by the petitioner against the said judgment i.e. Criminal Appeal No. 55 -SB of 1990 in which he was released on bail by this Court. However, the said appeal was dismissed by this Court vide order dated April 7, 2003. After dismissal of the appeal, petitioner was sent to Central Jail, Bathinda on 18.08.2013. Petitioner filed Special Leave Petition, which was admitted by Hon'ble Apex Court and bail was granted to the petitioner and again he came out of jail on 5.11.2003. However, Criminal Appeal No. 1327 of 2003 filed by the petitioner was decided by Hon'ble Supreme Court on 14.01.2010 and his appeal was dismissed and judgment of conviction and order of sentence were upheld vide judgment, Annexure P -3. On information being received by the petitioner from his lawyer in the Hon'ble Supreme Court, he moved an application in the Court of learned Chief Judicial Magistrate, Bathinda on November 9, 2010 for undergoing the remaining part of sentence and he was taken into custody and sent to Central Jail, Bathinda on 09.11.2010.

(3.) IT has been contended by learned counsel for the petitioner that he restricts his prayer for granting benefit of remissions as per circulars Annexure P -7 and Annexure P -8 issued under Section 432 of the Code of Criminal Procedure read with Article 161 of Constitution of India by the Government of Punjab as he was denied benefit of the same merely on the ground that he was on bail on the dates circulars were issued. However, it is contended that the said act of respondent -State is illegal and not in accordance with the law settled by Hon'ble Apex Court in D. Ethiraj Vs. Secretary to Govt. and others : 2011 (4) RCR (Cri) 720.