JHANDA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition came up for hearing before me in the first instance. On being referred by me to a larger Bench, it has been placed before us for decision.

(2.) The point of law that arises for determination in this petition is, as to whether in the case of a transferred prisoner, it is the Government of the State in whose prison the convict after transfer is lodged, the appropriate Government to remit or commute the sentence of such a person or that of the State in whose territory the prisoner had been convicted.

(3.) Before dealing with the question of law aforesaid, the relevant facts bearing thereon and which are not in dispute, may at this stage be noticed. These can be stated thus: the petitioner, Jhanda Singh, in the first instance, was convicted by the Sessions Judge, Meerut, in Sessions Trial Nos. 72 and 73 of 1952, and was sentenced to life imprisonment on 27th September, 1952, in each case. He was subsequently convicted by the Sessions Judge, Karnal, in Sessions Trial No. 26 of 1954, and was sentenced to life imprisonment on January 8. 1955. However, his latter sentence was ordered by this Court to run concurrently with his earlier sentence. The petitioner is lodged in a prison which after the reorganisation of the erstwhile State of Punjab, happens to be located in the Punjab State. The petitioner has actually undergone a sentence of more than 22 years which when various remissions added to it, comes to about 33 years.