GURNAM SINGH @ GAMA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in this petition is for issuance of a direction to the respondents to release the petitioner prematurely as per the government instructions dated 08.07.1991 (Annexure P1) and dated 23.10.2001 (Annexure P2) and further quashing of the order dated 30.12.2015 (Annexure P3) vide which the claim of the petitioner for premature release has been rejected by the jail authorities.

(2.) It is submitted on behalf of the petitioner that the petitioner was arrested by the police in FIR No.253 dated 06.08.2006 registered under Sections 302, 201, 148 and 149 of the Indian Penal Code, 1860 (in short 'IPC') at Police Station Kharar, District Rupnagar. The petitioner was convicted for the said offences and sentenced to undergo life imprisonment and to pay a fine of Rs. 5,000/- and in default of payment of fine to further undergo rigorous imprisonment for a period of 01 year. It is further submitted that the petitioner is undergoing the sentence and has already suffered incarceration for more than 09 years and 06 months of actual sentence of imprisonment and with remissions has undergone 17 years, 06 months and 24 days. It is contended that the work and conduct of the petitioner remained good and satisfactory inside the jail as well as outside while the petitioner remained on parole and he has not committed any jail offence, so far.

(3.) Counsel for the petitioner has further submitted that as per paragraph 516-B of Punjab Jail Manual, a convict who has undergone actual sentence for a period of 14 years including remissions is eligible for applying to the government for his premature release. Counsel for the petitioner has relied upon the instructions issued by the Punjab Government dated 08.07.1991 (Annexure P1) as well as dated 210.2001 (Annexure P2) to submit that a life convict who has undergone actual sentence of 09 years and 12 years including remissions, while being detained in Open Air Agriculture Jail, can apply for premature release. Counsel for the petitioner has further contended that the petitioner is undergoing his sentence in an Open Air Agriculture Jail, Nabha and according to the Custody Certificate dated 10.02017 issued by the Superintendent, Open Air Agriculture Jail, Nabha, the petitioner has already undergone approximately 10 years of actual sentence and including remissions, he has undergone approximately 18 years of actual sentence. Counsel for the petitioner has further submitted that the petitioner is not involved in any other case and, therefore, the impugned order dated 30.12.2015 (Annexure P3) dismissing claim of the petitioner is illegal and, thus, liable to be set-aside.