DILBAGH SINGH Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) Present petition under Article 226 of the Constitution of India is for issuance of directions to the respondents to release the petitioner - Dilbagh Singh pre-maturely on usual terms and conditions as per Government policy dated 8.7.1991 [Annexure P/1] and for quashing of order dated 22.12.2013 [Annexure P/2].

(2.) Petitioner was convicted for commission of offence inter-alia under Section 302 IPC and Section 25 of the Arms Act and sentenced to undergo Life Imprisonment vide two separate judgments dated 12.09.1999 and 31.10.2003. Criminal Appeal Nos. 396-DB-1999 and 168-DB-2003 filed by him were dismissed by this Court vide judgments dated 19.3.2008 and 23.04.2008 respectively.

(3.) Learned counsel for the petitioner submitted that the petitioner has already undergone more than 17 years of actual sentence and more than 25 years with remissions. Thus, the case of the petitioner is covered as per instructions of the Punjab Government dated 8.7.1991 [Annexure P/1] as he has already undergone more than the actual sentence required under the said policy, but the State Government has not passed order for his release, rather passed order dated 22.12.2013 [Annexure P/2] which is liable to be set-aside as the policy at the time of his conviction is to be considered.