JOGINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) - By this writ the petitioner is seeking a direction to consider his case for premature release. The admitted position is that petitioner Joginder Singh was convicted under Section 302 IPC and was initially sentenced to death by hanging. The High Court reduced that sentence to imprisonment for life. The initial sentence was dated 10.7.1979. The judgment passed by Madhya Pradesh High Court was in 1980. In the course of time, the said prisoner came to be transferred to Central Jail, Jalandhar. In these set of facts, now question arises which of the two States shall consider the question of premature release of the said prisoner.

(2.) THE question of premature release of a prisoner is to be considered by an appropriate Government as per Section 432 of the Cr.P.C. The term 'appropriate Government' used in Sections 432 and 433 of the Cr.P.C. has been defined in clause 7 of Section 432 Cr.P.C. As per sub-clause (b) of clause 7 of Section 432 Cr.P.C. the term 'appropriate Government' means the Government and the State within which the offender is sentenced or the said order is passed. It is, therefore, obvious that it is the State of Madhya Pradesh who would be an appropriate Government to consider the case of the prisoner under Section 432 Cr.P.C. In the context of this, it may be mentioned that the provisions of Transfer of Prisoner Act, 1950, do not provide in respect of the provisions which would be applicable to the prisoner while considering his case for premature release. Section 3 Clause 2 of that Act states to the extent only that such prisoner shall be detained in the jail in terms of the writ or order of the court etc. until such person is discharged or removed in due course of law. The term 'in due course of law' should be interpreted in the light of the provisions of Section 432 Cr.P.C. which provides regarding power of the appropriate Government to suspend or remit the sentence of a prisoner. In view of such position, I hold that the case of premature release of this prisoner should be considered by the authorities of the State of Madhya Pradesh.

(3.) I , therefore, direct the Government of Madhya Pradesh to reconsider the case of the prisoner under the provisions which were applicable to the prisoner at the time when he was convicted. His case shall be considered and disposed of within three months from the date of receipt of a copy of the order. It may be further mentioned here that by order dated 21.8.1990, this Court was pleased to order the release of the prisoner Joginder Singh on furnishing surety to the satisfaction of District Magistrate, Kapurthala. Then liberty was granted to the Madhya Pradesh Government to apply for cancellation of the bail if proceedings for premature release since pending then ended into decision against the petitioner who was on bail.