JAGGA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BY this order, I am deciding Criminal Writ Petitions No. 1967/1987, 1391/1987, 1969/1987, 203/1988, 221/1988 and 840/1988 in which a common question of law is involved. All the petitioners had applied for premature release, but their petitions were declined by the concerned authorities. Chapter 32 of the Code of Criminal Procedure, 1973 (shortly the Code) deals with execution, suspension, remission and commutation of sentences. In this chapter, we are concerned only with its part E which contained Sections 432, 433, 434 and 435. By an amendment, through Section 32 of Act 45 of 1978, which was enforced on 18-12-1978, a new section 433-A was added which reads as under :

(2.) OUT of the above petitions, I will refer the facts of Criminal writ Petition 1967/1987. The facts of other petitions where ever they differ will be discussed later on.

(3.) IN any case, it is averred that the State Government has not stated any where that the policy laid down under the relevant instructions for premature release of persons is not being adopted by the State.