SHANKAR KUMAR Vs. STATE OF PUNJAB ETC

JUDGEMENT

(1.) The present petition has been filed under Section 482 Cr.P.C for issuance of direction to the respondents to release the petitioner prematurely as per Government Policy/Instructions dated 08.07.1991 and to quash the order dated 31.01.2013, vide which, the claim of the petitioner has been rejected which is contrary to the provisions of the policy.

(2.) Learned counsel for the petitioner submits that the petitioner has already undergone more than 13 years 3 months of actual sentence and with remissions more than 21 years. As per policy/instructions dated 08.07.1991, the petitioner is entitled to be released after undergoing 12 years of actual sentence and with remissions18 years but still the case of the petitioner has been declined.

(3.) Learned counsel also relies upon the judgment of this Court in case Jatinder Kumar @ Bawa vs State of Punjab and others passed in Criminal Misc. No.M-30215 of 2012, decided on 02.08.2013, wherein, the direction was issued to the respondents to consider the case for premature release of the petitioner, within a period of four weeks. It was also ordered that in case, the case for premature release of the petitioner is not decided by the respondents within a period of four weeks, he shall be released on parole on his furnishing personal bond and a surety bond to the satisfaction of District Magistrate. The petitioner, in that case, was also directed to give an undertaking that he will not leave the Country without prior permission of the Court and will keep peace and shall not indulge in any nefarious activity whilst on parole.