KAMAL KANT TIWARI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In this petition, the petitioner seeks the direction to the respondents to consider his case for premature release as he has already undergone the requisite-period of imprisonment as per Government Instructions dated 08.07.1991 (Annexure P-1). The petitioner was awarded sentence of imprisonment for life in case bearing FIR No. 38 dated 6.5.1998 for offences punishable under Sections 302 read with Section 34 and 120-B of Indian Penal Code, by the Court of Additional Sessions Judge, Muktsar vide judgment dated 30.09.2002. The appeal filed by the petitioner against the judgment was dismissed by this Court on 01.11.2004. The petitioner has alleged that he has already undergone about fourteen yearn six months of actual sentence and with remissions more than twenty years. As per the Government Instructions dated 8th of July, 1991, he was required to undergo ten years of actual sentence and fourteen years with remissions. The petitioner filed a petition i.e. CRM-M-16270 of 2010 which was disposed of on 14.01.2011 with direction to State Government to consider his case for premature release. His case was not considered and he had to file another petition i.e. CRM-M-21945 of 2011 which was disposed of as the case of petitioner for his premature release after consideration had been rejected by the competent authority vide order dated 29.07.2011. The reason for rejection of his case for premature release was not tenable, however, as per order dated 29.07.2011, the authorities were required to reconsider the case after 2.5.2012. As the respondents have not reconsidered his case for premature release, hence, this petition.

(2.) In reply, the respondents have contested the petition with the plea that earlier the case of petitioner for his premature release was declined vide order dated 29.07.2011 as 2000 intoxicating tablets were recovered from him on 2.5.2007 and he was awarded punishment of loss of ten days' remission. The case of premature release of petitioner is considered if the convict had not committed any jail offence for a period of five years prior to the date of eligibility for consideration for his release as per the Government Policy of 1991.

(3.) The petitioner committed another prison offence for which FIR No. 133 dated 04.10.2011 for the offence punishable under Section 52A(i) of Prisons Act 1894 was registered in which he was convicted by die Court of the Judicial Magistrate 1st Class, Ludhiana on 19.11.2012 and awarded rigorous imprisonment for one year. The case of petitioner for his premature release can be submitted only after expiry of period of five years of the offence committed on 04.10.2011.