MAJOR SINGH Vs. STATE OF PUNJAB AND ORS

JUDGEMENT

(1.) Through the instant petition, the petitioner is seeking his premature release from the jail in the light of Government Instructions dated 08.07.1991. The petitioner is also questioning the legality of rejection order, Annexure P-2, whereby the relief of premature release has been declined.

(2.) The facts, as culled out from the petitions are being noticed first. Petitioner Major Singh was tried in FIR No. 156 dated 07.11.1995, Police Station Baghapurana, District Faridkot for an offence under Section 302 IPC and was sentenced to undergo life imprisonment by learned Sessions Judge, Faridkot on 05.03.1998. His appeal preferred against the said judgment is stated to have been dismissed by this Court. The actual period undergone by him is stated to be 12 years and 04 months and 20 years and 04 months with remissions. The grouse of the petitioner is that despite his undergoing the requisite period, coupled with the facts that his conduct in jail had remained satisfactory throughout and was not involved in any jail offence, the State Government erred in declining the relief to him. Upon notice, reply has been filed by the State of Punjab.

(3.) It has been averred that earlier the case of the petitioner was recommended for premature release under the instructions/ policy dated 08.07.1991, but the same was rejected on 30.12.2008. Again, his case was recommended for premature release on 26.06.2012 as per instructions dated 08.08.2011. This time also, his case has been rejected on 17.06.2013 considering the fact that he has committed a heinous crime. It has further been averred that now as per new policy dated 04.04.2013 the premature release of the petitioner can only be initiated after two years from the date of rejection of the earlier request.