GURMEET SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) This is a petition filed under Article 226 of the Constitution of India seeking consideration of the case of the petitioner as per government Instructions (Annexure P-1) dated 08.07.1991 for premature release of the petitioner.

(2.) The petitioner was arrested under a FIR No. 23 dated 17.4.1993 under Sections 302, 460, 376 (2) (g), 397, 323, 404, 34 IPC Police Station Dayalpura District Bathinda. The petitioner was sentenced to undergo life imprisonment by the Sessions Judge, Bathinda on 10.10.1996 and the Criminal Appeal filed by him was dismissed by this Court on 26.07.200 Having undergone more than 23 years 5 months of actual sentence of imprisonment and including remissions more than 31 years of sentence (at the time of filing of the criminal writ petition), the petitioner seeks premature release relying upon Instructions dated 08.07.1991. The representation of the petitioner was declined by order dated 09.11.2015, leading to the filing of the instant petition.

(3.) Mr. Rana, learned counsel appearing on behalf of the petitioner, contends that the petitioner herein having undergone more than 23 years 5 months of actual sentence of imprisonment and including remissions more than 31 years of sentence would be entitled to premature release, as he fulfills all the conditions as per government Instructions dated 08.07.1991. It is argued that his case was rejected by the government on 17.09.2015 on the ground that the petitioner had committed a heinous crime. It is argued that similarly situated persons, who had been convicted for heinous crimes like the petitioner, had been released and non consideration of the case of the petitioner tantamounts to discrimination. It is argued that the law laid down by the Supreme Court in Union of India Versus V. Sriharan @ Murugan and others, (2016) 1 RCR(Criminal) 234 is fully applicable to the facts of the present case. Reliance is also placed upon a judgment rendered in Dharma Pal Vs State of Uttar Pradesh and others, (2013) 9 SCC 798 where a person sentenced to undergo life imprisonment was released on completion of 14 years of imprisonment.