PARGAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer of the petitioner for releasing him prematurely in view of the Government Policy dtd. 8/7/1991 (Annexure P-1), has been declined vide impugned order dtd. 22/4/2024 (Annexure P-6), which caused grievance to the present petitioner, and propelled him to file the instant petition under Article 226 of the Constitution of India, wherein, challenge has been thrown to the aforesaid impugned order, and a prayer has been made to release him prematurely as he claimed himself to be covered under the policy of the State of Punjab.

(2.) The petitioner alongwith other co-accused Harminder Singh, was arrayed as an accused in FIR No. 25, dtd. 25/3/1999, under Ss. 302, 307 and 397 of the IPC, and under Sec. 25/27 of the Arms Act, registered at Police Station City Phagwara, and was tried for the said offences, and ultimately was convicted and sentenced to undergo imprisonment for life by the learned Sessions Judge, Kapurthala, vide judgment/order dtd. 27/9/2008, and the statutory appeal as preferred by the petitioner challenging the aforesaid verdict, was also dismissed vide judgment dtd. 13/12/2012.

(3.) On completion of the actual sentence of 10 years (with remissions 14 years), earlier the Jail Superintendent concerned, after obtaining legal opinion recommended for premature release of the petitioner on dtd. 18/6/2020, which was further approved by the District Magistrate, Hoshiarpur, as well as Senior Superintendent of Police concerned, as the conduct of the present petitioner remained good and satisfactory throughout in jail, as well as outside while being on parole and furlough. However, the committee constituted for consideration of the case of life convicts for grant of premature release, rejected the case of the present petitioner, and sent his case back to the concerned authorities on dtd. 15/12/2020. Thereafter, the Jail Superintendent concerned again recommended the case of the petitioner for grant of premature release on dtd. 14/3/2021, and this time also his case was further recommended by the District Magistrate, Hoshiarpur as well as Senior Superintendent of Police, Hoshiarpur.