TARLOK SINGH Vs. STATE OF PUNJAB THROUGH THE SECRETARY TO GOVERNMENT PUNJAB, HOME DEPARTMENT, CHANDIGARH

JUDGEMENT

(1.) THE petitioner was convicted and sentenced to imprisonment for life for the offence under section 302, Indian Penal Code, by the Sessions Judge, Gurdaspur on 5th December, 1975. According to him, he has undergone 16 years and 24 days including remissions. Cases of such like convicts are considered for premature release by the State Government under para 516B of the Punjab Jail Manual after the expiry of 14 years of sentence including remissions.

(2.) THE State has not filed any reply. The stand taken by the State is that since the main petition of the detenu is pending for awaiting the decision by a larger Bench, this application of the petitioner may also be decided after the decision by the larger Bench. The matter before larger Bench is whether the life convicts can be released on bail during the pendency of the writ petition ?

(3.) IN this application the only prayer made by the detenu is that his case may be considered by the State Government for premature release. He has not prayed for bail during pendency of the writ petition. The matter is otherwise clinched by the latest authority of the Supreme Court reported as Sri Niwas and other v. Delhi Administration and others, AIR 1982 SC 391, wherein their Lordships of the Supreme Court, while deciding a bunch of cases, directed the State to consider the premature release cases of the convicts who have undergone more than fourteen years of imprisonment including remissions and also directly released 16 such convicts and granted bail in 6 cases.