PRITAM SINGH Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) Pritam Singh son of Kapur Singh was tried for the offences punishable under Sections 120- B/148/302/149/325/324 read with Sec. 149 of the Indian Penal Code The learned Sessions Judge, Ferozepur on 26.9.1977 acquitted the petitioner for the alleged offences. Aggrieved by the order passed by the learned Session Judge, the State of Punjab filed an appeal. In appeal, the judgement passed by the learned Sessions Judge was set aside on 16.1.1981. This Court while accepting the appeal held the petitioner guilty of the offences punishable under Sections 304 Part-II read with Sec. 149 of the Indian Penal Code besides Sections 324 and 325 read with Sec. 149 of the Indian Penal Code. He was sentenced to undergo 7 years rigorous imprisonment. The petitioner filed an appeal in the Supreme Court. The Supreme Court admitted the appeal but the petitioner was granted bail. On 6.1.1993 the appeal was dismissed by the Supreme Court. During this period, the petitioner had been arrested from 11.4.1977 and remained in custody till 26.9.1977 when he was acquitted as an under trial prisoner. After the appeal against the acquittal was accepted on 16.1.1981, the petitioner surrendered before the Chief Judicial Magistrate, Ferozepur and remained in custody for four months before he was admitted to bail. After his appeal was dismissed by the Supreme Court, he surrendered on 8.6.1993.

(2.) By virtue of the present petition Pritam Smgh petitioner seeks that he is entitled to the remissions granted by the Government of Punjab by virtue of various circulars and orders including the instructions of 24.10.1979 issued by the State of Punjab Annexure P-4, instructions dated 4.10.1980 copy of which is Annexure P-5. In addition to that petitioner seeks benefit of remissions granted on 10.11.1989 and 2.4.1992 by virtue of the orders that were issued copies of which are Annexure P-6 and Annexure P-7.

(3.) In the reply filed by the respondents have contested the petition. There was no dispute raised pertaining to the facts that petitioner was an under trial prisoner from 22.4.1977 to 26.9.1977. After he was held guilty by this Court, he was confined to jail on 26.2.1981 to 28.4.1981 and thereafter he surrendered as his appeal was dismissed by the Supreme Court. However, the respondents, ease is that petitioner is not entitled to any remission because he had not surrendered within 15 days of the dismissal of his appeal. The petitioner was stated to be undergoing 7 years sentence since 8.6.1993 and he was granted remissions as per the State Governments order of 16.1.1994 and not of the earlier period.