DARSHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner, who is undergoing life imprisonment for the offence of murder under Section 302 of the IPC has prayed for direction holding that further detention of the petitioner, particularly when he has completed 8 years actual sentence and 14 years of sentence, including remission, has become illegal and arbitrary and is violative of the Constitution of India and that under the instructions dated 8.7.1991, the petitioner fulfils all the requisite conditions and has become eligible for consideration of his case for premature release. He has also prayed that the period of parole while undergoing the sentence is a part of the actual sentence and it has to be subtracted from the total sentence.

(2.) THE petitioner had made an application for premature release. By Annexure P-4, the said request was rejected. It is mentioned therein that the premature release case of the petitioner was considered and rejected by competent authority. The petitioner had filed Crl. Misc. No. 16886-M of 1995 before this Court. This Court had allowed the petition. It has held that in the said order, the respondents have not given any reasons for declining the case of premature release. This Court in its operative part of this judgment observed as below:

(3.) IN view of the above reasons, this petition is allowed. The order Annexure R-1 is set aside. The respondents are directed to consider the prayer of premature release of the petitioner in the light of the above observations within a period of 15 days from the receipt of a copy of this order.