RAJINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a petition under Articles 226/227 of the constitution of India, for the issuance of a writ in the nature of Habeas Corpus, praying for the release of the convict, mentioned in the petition. It is not disputed that in a similar set of Writ Petitions, as per judgment rendered in criminal Writ No. 16 of 1985, decided on May 23, 1985, certain specific directions were issued to the State Government in regard to the reconsideration of the premature release case of the convicts. The grievance made in the present petition relates to the same matter.

(2.) AT the time of hearing of this matter, it was not disputed by the learned counsel for the state that the needful in regard to the reconsideration of the premature release case of the convict has not been done. The learned counsel on the basis of letter No. 11/356/85 -5J/26706, dated October 15, 1985, from the Deputy Secretary Home (B), Government of Punjab, Chandigarh, to the Advocate -General, Punjab, Chandigarh, has submitted that in view of the cumbersome procedure involved in the matter, the direction of this court could not be complied with within the period of two months, as specified in criminal Writ Petition No. 16 of 1985, decided on May 23,1985. The learned state counsel prays that two months further time may be afforded to the State Government to pass appropriate orders regarding the premature release case of the convict in accordance with the directions given by this court in the case aforementioned. Even though more than four months have elapsed since the rendering of the judgment in the above case, in the interest of justice, the period for doing the needful is extended by another two months with effect from today. The State Government shall now finally decide the premature release case of the convict within two months from today, in accordance with the convict shall be immediately released on bail to the satisfaction of the Chief Judicial Magistrate of the place of conviction. In terms of the orders passed in Criminal Writ Petition No. 16 of 1985, the following Relief/ Directions are issued in the present case :