RAVI KUMAR ALIAS BITU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a petition under Section 482 of the Code of Criminal Procedure for issuing direction to the respondents for releasing the petitioner prematurely on usual terms and conditions under the instructions dated 12.12.1985 and further detention of the petitioner be declared violative of Articles 14, 19 and 21 of the Constitution and balance sentence of imprisonment awarded to the petitioner may be ordered to be remitted in the light of the instructions Annexures P-4, P-5 and P-8 of the State Government .

(2.) THE brief facts o the case are as under : Ravi Kumar alias Bitu petitioner was tried for the offence of murder by learned Sessions Judge, Gurdaspur and was sentenced to undergo life imprisonment on 7th October, 1981. The petitioner had already undergone 9 years 3 months and 3 days substantive sentencee on the day when the petition was filed and was also granted remissions by the State Government as well as by the jail authorities for six years.

(3.) THE State of Punjab issued instructions Annexures P-3, P-4 and P-8 for pre-mature release. The case of the petitioner was considered and rejected in view of various instructions issued by the State Government. The order of rejection was not communicated to the petitioner. The District Magistrate summoned the petitioner to appear before him and the following order was passed :