GURPAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS order will dispose of the aforesaid petitions between the same parties.

(2.) SHALINDER Singh -respondent No.2 in CRM -M -32789 of 2012and petitioner in CRWP -2140 -2012 was tried for commission of murder (4 counts) pertaining to FIR No.84 dated 14.06.2007 for offence under Sections 302, 307, 498 -A of the Indian Penal Code (in short "IPC") and 27 of the Arms Act registered at Police Station Sadar Muktsar. He was convicted for the offence charged against him and awarded capital punishment. Shalinder Singh preferred an appeal against his conviction and sentence by the Court of Sessions at Muktsar. The conviction of the petitioner was affirmed, however, the death sentence awarded to the petitioner was converted to life sentence with a direction that he shall undergo 25 years of actual imprisonment without any sort of remission, vide judgment passed by a Division Bench of this Court on May 06, 2011. Gurpal Singh -complainant has filed a Special Leave Petition to appeal against the judgment passed by this Court, which is pending in the Hon'ble Supreme Court of India.

(3.) SHALINDER Singh was confined in Central Jail, Ferozepur. His request for parole was allowed and he was released on parole from 11.07.2011 to 23.08.2011. He did not surrender before the jail authorities on expiry of parole period and on the complaint of Gurpal Singh -petitioner, FIR No.63 dated 31.08.2011 for offence under Sections 229 -A, 174 -A, 224, 225, 120 -B of the IPC was registered against him. He overstayed for 52 days w.e.f. 23.08.2011 to 24.10.2011 and was arrested from Rajasthan. Gurpal Singh has filed Criminal Misc. -M No.32789 of 2012 for issuance of direction seeking transfer of Shalinder Singh -respondent No.2 from Central Jail, Faridkot to any other jail outside the State of Punjab. Another petition CRWP -2140 -2012 Shalinder Singh VersusState of Punjab and others has been preferred by Shalinder Singh praying for grant of parole for 2 weeks as his father is suffering from many ailments.