RAJBIR SINGH Vs. STATE OF U.T. CHANDIGARH

JUDGEMENT

(1.) Prayer in this petition filed under Sec. 226/227 of the Constitution of India is to issue writ in the nature of certiorari by quashing impugned order dtd. 10/8/2021 passed by the Principal Secretary Home for Administrator, Union Territory, Chandigarh, whereby case of the petitioner for pre-mature release, as per the Policy dtd. 8/7/1991 (Annexure P-1) has been rejected. Petitioner further prays for issuance of writ in the nature of mandamus by directing the respondents to release him, as he has already undergone sentence required under the Policy in question.

(2.) It is undisputed that petitioner was convicted vide judgment of conviction/order of sentence dtd. 4/5/2005 passed by learned Addl. Sessions Judge, Chandigarh, in a case arising out of FIR No.186 dtd. 21/9/2001 under Ss. 302, 342 and 201/34 of IPC, registered at Police Station Manimajra, Chandigarh and was sentenced to undergo life imprisonment. Appeal against said judgment was dismissed by a Division Bench of this Court vide judgement dtd. 25/2/2009 (Annexure P-2). Presently, petitioner is confined in Model Jail, Burail, Chandigarh.

(3.) 1 The contention of the petitioner is that as per Policy dtd. 8/7/1991 (Annexure P-1) issued by the Government of Punjab, Department of Home Affairs and Justice, applicable to U.T., Chandigarh, issued under Article 72/161 of the Constitution of India, he is required to undergo actual sentence of 14 years and total sentence of 20 years by including remission period, whereas petitioner has already undergone the actual sentence of 17 years, 06 months and 23 days and with remission, the total sentence is 25 years, 08 months and 20 days, as per the custody certificate dtd. 11/1/2023.