MALKIAT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) MALKIAT Singh has filed the present petition under Articles 226/227 of the Constitution of India read with Section 482 Cr.P.C. praying for his release on the ground that the impugned order Annexure R.2 dated 27.7.1995 is not only illegal but also violative of Articles 14, 19 and 21 of the Constitution of India.

(2.) THE present petitioner Malkiat Singh along with one Sohna Singh and Sukhdev Singh were allegedly responsible for the commission of four murders. At the trial stage Malkiat Singh was awarded death penalty and Sohna Singh and Sukhdev Singh were awarded life imprisonment. At the level of the Hon'ble Supreme Court Sukhdev Singh was acquitted and the life imprisonment of Sohna Singh was maintained and the death penalty of Malkiat Singh was converted into life imprisonment.

(3.) ON the contrary, the defence of the State is that no doubt Sohna Singh was ordered to be released prematurally but his order was cancelled. Perhaps the State is not aware that Sohna Singh challenged the order of withdrawal of his premature release and vide judgment dated 29.11.1996 passed by this Court in Criminal Misc. No. 19609-M of 1995, the said order was quashed and directions were given to the State to reconsider the case of Sohna Singh for his premature release.