SAT PAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS judgment will dispose of Crl. Misc. Nos. 1468-M of 1993 and 1471-M of 1993 wherein prayer has been made for the quashing the jail punishments awarded to the petitioner from time to time. In the former petition 9 jail punishments awarded to the petitioner from the period 9.8.1983 to 30.7.1988 have been impugned. In the latter petition, 3 jail punishments dated 29.4.1986, 15.11.1989 and 18.9.1989 have been impugned. Learned counsel for the petitioner has argued that in fact at this stage none of the abovesaid punishments in both the petitions can be taken into consideration, for the purpose of consideration of the petitioner for premature release as all punishments are more than 3 years old. In support of his contention, he cites the judgments rendered in Avtar Singh @ Kahla v. State of Punjab and others, 1992(3) Recent CR 391 and Prem Singh v. State of Punjab and others, 1992(1) Recent Criminal Reports 635.

(2.) ON the other hand, learned counsel for the respondents cites the judgments rendered in Ram Singh v. State of Punjab and another, 1990(2) Recent Criminal Reports 21 and Sewa Singh v. State of Punjab and another, 1990(2) Recent Criminal Reports 623 wherein it was held that the jail punishments which are more than 5 years old cannot be taken into consideration.

(3.) SINCE the matter as to which jail punishments is not to be taken into consideration for the purpose of premature release is likely to arise again and again and because of the obvious conflict between the judgments cited by the counsel for the parties, I am of the view that this matter should be settled by a Larger Bench. Let the papers of this case be laid before My Lord, the Chief Justice for constituting the Larger Bench for the purpose of resolving the above conflict in the above referred to judgments. JUDGMENT OF DIVISION BENCH CONSISTING OF THE HON'BLE MR. JUSTICE H.S. BEDI AND THE HON'BLE MR. JUSTICE S.C. MALTE, DATED 22.8.1995 IN CRL. MISC. NO. 1471-M OF 1995. H.S. Bedi, J. (Oral) -