BAKSHISH SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) COUNSEL for the respondents does not dispute the guidelines issued by the State Government on 7.9.1979 as of policy (Annexure P -1). Para No. 2 of these instructions states, "only those convicts will be eligible for premature release who have completed a requisite actual sentence as per earlier policy and who have satisfactory conduct in jail and in whose cases District Level Committee recommends. Admittedly no District Level Committee is working at present. It is also not disputed that petitioner has completed requisite sentence as per earlier policy. The main question for consideration of the State Government therefore was conduct in jail of the petitioner. Perusal of the record produced does not indicate if the same was considered before rejecting the case of the petitioner. On the other hand, certain extraneous matters were kept in view which cannot possibly be termed as relevant matters, for considering the case of the petitioner for premature release. Respondent No. 1 is, therefore, directed to reconsider the case of the petitioner in the light of the Govt. instructions Annexure F -1 within four months from today. Failing that, petitioner shall be admitted to interim bail to the satisfaction of Chief Judicial Magistrate, Ferozepur. However, in case request of the petitioner is finally rejected, he shall surrender before the said Magistrate immediately on receipt of intimation of that rejection. Petitioner in that case shall be at liberty to challenge the rejection order. This writ petition is disposed of in these terms. Order accordingly.