LAWS(P&H)-2023-9-74

RAVDEEP KAUR Vs. STATE OF PUNJAB

Decided On September 29, 2023
Ravdeep Kaur Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) By way of this Criminal Writ Petition filed under Article 226/227 of the Constitution of India, petitioner prays for issuance of direction to the respondents to grant her premature release under Article 161 of the Constitution of India as per policy of the State, as petitioner has already completed the requisite period of sentence for grant of premature release, having served more than 16.5 years of actual custody (now more than 17 years).

(2.) Admittedly, petitioner and one Manjeet Singh were convicted under Sec. 302 read with Sec. 120B IPC in a case arising out of FIR No. 321 dtd. 14/10/2005, registered at Police Station Civil Lines, Patiala, vide judgment dtd. 28/3/2012 by the Court of ld. Additional Sessions Judge, Chandigarh. Vide separate order dtd. 30/3/2012 (Annexure P1), petitioner as well as co-convict were sentenced to 'undergo imprisonment for life, which would extend to their full life' and to pay fine of Rs.50,000.00 each with default sentence for committing the said offence under Sec. 302 read with Sec. 120B IPC. Criminal Appeal No. CRA-525-DB-2012 against the aforesaid conviction and sentence is pending before a Division Bench of this Court for adjudication. Contentions of the Petitioner :

(3.) (i) Contention of ld. counsel is that petitioner has already undergone more than double the requisite actual custody period for premature release under Article 161 of the Constitution of India, as per the policies for premature release framed by the State of Punjab.