MOHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a petition filed by the petitioner - Mohan Singh seeking quashing of the order dated 20.04.2016 passed by the jail authorities vide which his case for pre-mature release is rejected.

(2.) It is contended by learned counsel for the petitioner that the petitioner was arrested by the police in FIR No.314 dated 24.10.1978 registered under Sections 302, 323 read with Section 34 IPC at Police Station Ghagga, District Patiala. The petitioner was acquitted by the trial Court on 07.05.1979. However, in an appeal filed by the State of Punjab, this Court convicted and sentenced the petitioner under Sections 302, 323 read with Section 34 of the Indian Penal Code (in short 'IPC') on 18.11.1981 and ordered the petitioner to undergo life imprisonment. The SLP (Criminal) No.56 of 1982 filed by the petitioner and his brother was dismissed by Hon'ble the Supreme Court vide order dated 27.07.1993 and as such, the petitioner is undergoing the sentence. It is contended that the petitioner was aged 17 years at the time of commission of offence and as per the custody certificate dated 23.07.2016, has already undergone actual sentence for a period of approximately 11 years and 02 months and his total sentence including remission is approximately 19 years and 02 months.

(3.) Counsel for the petitioner has further contended that as per para 516-B of Punjab Jail Manual, a convict who has undergone detention for a period of 14 years including remissions can apply before the Government for pre-mature release. Counsel for the petitioner has further relied upon the instructions issued by the Punjab Government dated 210.2001 (Annexure P1) which provides that where a life convict has undergone actual sentence of 09 years and 12 years including remission, in an Open Air Agriculture Jail, he can apply for pre-mature release.