BALWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BALWINDER Singh, a life convict, confined in Central Jail, Amritsar, has filed this petition under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') read with Arts. 226/227 of the Constitution of India, seeking his pre-mature release.

(2.) THE necessary facts for the disposal of this petiton are that the petitioner along with four others was tried and convicted for the offence under Sections 312/149, Indian Penal Code, on two counts and sentenced to life imprisonment by judgment dated 14-3-1975. His conviction and sentence were upheld by this Court as well as by the Apex Court. By the time of the institution of this petition, the petitioner has already undergone more than 8 years 6 months actual sentence and more than 14 years sentence including remissions. His three co-accused, namely Joginder Singh, Mohinder Singh and Karma, who were also similarly convicted and sentenced, have already been released by the respondents. The ease for premature release of the petitioner was also initiated but the same has been rejected by the respondnts by order dated 4-6-1996 (Annexure R. 1/t ). It has been alleged in the present petition that the respondents have rejected the case of the petitioner for his premature release on irrelevant consideration, that any punishment imposed upon the petitioner during the suspension of his sentence orduring the period of parole is not to be considered for the purposes of Section 432 of the Code read with para 516 of the Punjab Jail Manual, and that the respondents cannot discriminate the petitioner from his three co-accused who have already been released.

(3.) I have heard the learned counsel for the parties and have perused the record.