GURTEK SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) IN this petition, petitioners are claiming remission for the period on which they were on bail.

(2.) THE brief facts of the case are that vide judgment dated 2.8.1998 under Sections 148/427/307/324/325/323/149 IPC, petitioners Gurtek Singh and Gurnek Singh were sentenced to R.I. for five years under Section 307 IPC along with other sentences for other offences, Gurmej Singh was sentenced to four years R.I. under Section 307/34 IPC. They were also convicted under Section 324/34 IPC. All the sentences were ordered to run concurrently. Petitioners filed criminal appeal in the High Court which was decided vide judgment dated 24.9.1996. Their conviction was modified from Section 307 to 325 I.P.C. and their jail sentence was also reduced to two years.

(3.) THE petitioners contention is that during the period they remained on bail, State has allowed certain remissions to prisoners which were not allowed to the petitioners. Relying on Criminal Misc. No. 2768 -M of 1994 'Darbara Singh v. State of Punjab' decided on 26.7.1994, Nalamolu Appeals Swamy and others v. State A.P., 1990 SCC (Crl) 44 and Criminal Misc. No. 14841 -M of 1996Avtar Singh v. State of Punjab decided on 17.9.1996, the petitioners have prayed that all these remissions which were allowed to other prisoners during the period when petitioners were on bail be also allowed to them.