PIARA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PIARA Singh petitioner, who is a convict and at present confined in the Central Jail,Gurdaspur, by means of this petition under section 482 of the Code of Criminal Procedure read with Articles 226/227 of the Constitution of India seeks a direction that he was entitled to the remissions as detailed in the head note of the petition and has thus undergone the entire sentence of seven years and deserves to be released prematurely.

(2.) THE petitioner was tried for offence under-section 302/34 IPC by the Additional Sessions Judge, Gurdaspur on the basis of case FIR No. 212 dated 11-10-1977 registered at Police Station Gurdaspur. He was convicted for offence under section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life. In appeal, the conviction and sentence of the petitioner was confirmed though two of his co-accused were acquitted. The petitioners then filed SLP before the Hon'ble Supreme Court of India which was admitted and on 8th December, 1980, he was ordered to be released on bail. The SLP was finally decided on 4th September, 1992 and though the sentence of imprisonment for life awarded to Shingara Singh was confirmed, his conviction and sentence for that offence was set aside but was convicted for offence under section 326 of the Indian Penal Code and sentenced to seven years RI. The judgment was communicated to the High Court of Punjab and Haryana vide memo of the Supreme Court dated 16th September, 1992. The petitioner ultimately surrendered on 23rd December, 1992. During the period he remained on bail, the State had granted certain remissions vide Annexures P-2 to P-6. The petitioner claims that he was also entitled to the benefit of those remissions.

(3.) THE orders of the Governor vide which special remissions were granted and the benefit of the same was to be given to the convicts, who were on bail, have to be divided into two parts. Annexures R. 2 dated 21st April, 1982; R. 3 dated 7th November, 1985 and R. 4 dated 19th August, 1986 formed one category. So far relevant they may be quoted as under: