KARNAIL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) - This is a criminal misc. petition filed under Section 482 Cr.P.C. read with Articles 226/227 of the Constitution of India whereby Karnail Singh-petitioner (detenu) has prayed for direction to the respondent to allow him remissions to the tune of about 2 years period which have been awarded on different dates by the Punjab Government. He has desired further direction to the respondents to release him forthwith as he has undergone the requisite period of sentence after the remissions granted by the Punjab Government are accounted for. It is averred that he and co-accused were tried under Section 302 IPC and were convicted and sentenced to imprisonment for life on 24.8.1983. On appeal this Court acquitted Sukhwinder Singh and altered the conviction of other accused to one under Section 304 Part 1 of the IPC and sentence of 7 years RI was passed on them on 29.11.1983. Against this order Joginder Singh preferred Criminal appeal No. 309 of 1985 against Karnail Singh (present petitioner), Avtar Singh, Bawa Singh, Mahain Singh and Sukhwinder Singh to the Hon'ble Supreme Court of India. Petitioner Karnail Singh was arrested on 27.12.1982. He was sentenced on 24.8.1983. In this manner he underwent 240 days of detention as an undertrial. He was allowed bail by the Hon'ble Supreme Court on 10.5.1985. He was released on bail on 23.5.1985. He thus underwent 639 days of detention as a convict. On the disposal of the criminal appeal before the Hon'ble Supreme Court the detenus surrendered to their custody on 28.7.1995. The detenu earned remissions for the period of 5 months and this is the period during which he remained in jail either as an under-trial or as convict. From 27.12.1982 to 24.8.1983 he remained in jail as an under-trial for 240 days. He remained in jail for 1 years 9 months and 4 days as a convict with effect from 24.8.1983 to 23.5.1985. He earned remissions to the tune of one year and 24 days. He earned remissions with effect from 28.7.1995 onwards to the tune of 5 months. He has thus undergone 3 years 9 months and 28 days period of sentence. He was not allowed remissions granted by the Government as follows: 1. 20.8.1986 360 days

(2.) 14.11.1989 360 days

(3.) 4.1.1993 360 days