NIRMAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner has invoked jurisdiction of this Court under Article 226 of Constitution of India for quashing the order dtd. 24/10/2016 (Annexure-P-3), passed by respondents, vide which his request for premature release from jail has been rejected.

(2.) It comes out that earlier also, petitioner approached this Court by way of filing CRWP No. 147 of 2016, titled as Nirmal Singh Versus State of Punjab and others, decided on 3/5/2016, wherein this Court had directed respondents to reconsider the case of petitioner for premature release afresh, in view of judgment of this Court in Kamal Kant Tewari Versus State of Punjab and others, 2014 2 RCR(Cri) 940. Now, after considering the said judgment, impugned order dtd. 24/10/2016 (Annexure-P-3) has been passed by respondents.

(3.) Petitioner was convicted by learned Sessions Judge, Amritsar, on 6/10/2000 in FIR No. 195, dtd. 24/8/1999, registered under Sec. 302 IPC at Police Station Majitha, District Amritsar. According to petitioner, as per policy of the State Government dtd. 8/7/1991, he has already undergone more than 10 years of actual sentence and with remissions, more than 14 years. Therefore, he is covered by said policy of State Government and is entitled to premature release from jail.