DEVINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a petition filed by Devinder Singh petitioner under Articles 226 and 227 of the Constitution of India for a direction to the respondents that petitioner should be given the benefit of various remissions granted by the Haryana Government in exercise of its powers under Article 161 of the Constitution and Section 432 of the Code of Criminal Procedure.

(2.) THE facts are that petitioner along with six others were tried with respect to the offences punishable under Sections 148/302 and section 323 read with Section 149 IPC besides Sections 25 of the Arms Act. On 10.7.1980 the learned Additional Sessions Judge, Karnal held the petitioner guilty of the offence punishable under section 302 IPC. He was sentenced to undergo rigorous imprisonment for life. The other accused were acquitted. Petitioner preferred an appeal in this Court. His conviction under section 302 IPC was set aside. Instead he was held guilty for the offence punishable under section 304 Part -I of the Penal Code. He was sentenced to undergo rigorous imprisonment for 5 years and a fine of Rs. 5,000/ -. The fine was deposited by the petitioner. The petitioner filed a Special Leave Petition in the Supreme Court. On 12.4.1982 the petitioner was released on bail by the Supreme Court. His appeal was finally dismissed by the Supreme Court on 31.1.1995. He surrendered in jail on 28.4.1995.

(3.) THE grievance of the petitioner is that during the period when he was on bail, there were various circulars issued by the State of Haryana granting remissions to the prisoners. The petitioner was deprived of the said benefit. He contends that he is entitled to the benefit of those remissions and a direction should be issued to the respondents accordingly.