SUKHDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition was presented to me on 4th April, 1995 in the course of my inspection of Central jail, Bathinda. Notice was issued to the Advocate -General, Punjab, for 24th April, 1995 but the case was taken up on 15th May, 1995 and adjourned to 23rd May, 1995 on the request of Mr. Parminder Singh, Assistant Advocate General, Punjab. On that day Mr. Parminder Singh stated that the case pertained to the State of Haryana as the petitioner had been convicted by the Sessions judge, Jind and, accordingly, notice was issued to the Advocate -General Haryana for 20th July, 1995 and the Advocate General was duly served for that hate. The case was however taken up on 21st July, 1995, and on the request of Mr. M. S. Gill, Deputy Advocate - General, Punjab, was adjourned to 6th October, 1995, for the purpose of filing a reply. On 6th October, 1995, the case was adjourned on the request of Mr. Varinder Singh, Deputy Advocate - General, Haryana for 4th December, 1995 for arguments, the reply to be filed within six weeks from 6th october, 1995. The case was taken up on 8th December, 1995 and the counsel representing both the States of Punjab and Haryana sought more time to file their replies. The case was accordingly adjourned to 12th January, 1996 and it was clarified in the order that no further opportunity would be granted to either of the States for filing of their replies and in case they were not filed, the matter would be disposed of without them. No reply has been filed even today on behalf of either of the two states. I accordingly proceed to dispose of the matter on the basis of the averments in the petition.

(2.) THE petitioner has averred that he was convicted and sentenced to life imprisonment by the Sessions Judge Jind on 5th October, 1981 and that up to April, 1995, he had already undergone almost 13 -1/3 years of imprisonment after conviction in addition to about one year in the course of the trial. He has also stated that his case for premature release was sent to the Additional Director General (Prisons) Haryana by the Superintendent Central Jail, Bathinda vide letter dated 13th February, 1995 but no action has been taken so far. As the State of Haryana has not cared to put in any reply, it is directed that the petitioner be released prematurely to the satisfaction of the District Magistrate Jind forthwith. In case the premature release of the petitioner is denied by the State of Haryana subsequently, he would be taken back into custody to undergo the remaining part of his sentence. Copy of this order be sent free of cost to the petitioner, through the Superintendent of Central Jail, Bathinda. Petition Allowed.