ROOP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ROOP Singh, a life convict undergoing sentence, now confined in Open Air Jail, Nabha, has filed this petition under Articles 226/227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') for a direction to the respondents to grant pre-mature release to him in accordance with the instructions issued from time to time by the respondent-State in exercise of its constitutional powers.

(2.) THE facts necessary for the disposal of this petition are that the petitioner along with five others was tried in Sessions case No. 43 of 1985 for having committed murder of 3 persons on 24.6.1985. He was convicted under Sections 302/34, Indian Penal Code, and sentenced to undergo imprisonment for life and to pay a fine of Rs. 200/- or in default of payment of fine to undergo further rigorous imprisonment for 3 months for each of the three counts by the Additional Sessions Judge by his judgment dated 2.8.1986. The substantive sentences of imprisonment were ordered to run concurrently.

(3.) IN their reply, the respondents have stated that the petitioner has no right, whatsoever, to claim pre-mature release, that the petitioner is required to undergo at least 14 years of actual sentence as required under Section 433-A of the Code before he can claim pre-mature release and that the instructions issued by the State from time to time are for the guidance of the departmental authorities and do not confer any vested right on the petitioner to claim pre-mature release. It has been further stated that as on 15.3.1995 the petitioner had undergone 9 years 4 months and 29 days actual sentence including under-trial period and the conduct of the petitioner did remain satisfactory. It has been further stated that the petitioner has been convicted for triple murder, and as such is not entitled to pre-mature release under any of the aforesaid instructions issued from time to time. It has also been pointed out that the case of all the persons who have been convicted for more than one murder has been rejected by the Government and there is no violation of Articles 14, 19 and 21 of the Constitution of India.