KALA SINGH Vs. STATE OF PUNJAB THROUGH SECRETARY

JUDGEMENT

(1.) THE petitioner in this case is seeking the benefit of remissions by putting up the case as follows :- The petitioner was convicted for an offence under Sections 148, 326, 324 and 323 read with Section 149 of the Indian Penal Code, by the Court of Session, Faridkot on 14th November, 1997. He filed an appeal in the High Court. His appeal was admitted. During the pendency of the appeal, the petitioner was granted bail. Consequently, the petitioner was released on bail on 3rd February, 1993. The appeal filed by the petitioner was ultimately dismissed on 18th September, 1995 and the petitioner consequent upon the dismissal of the appeal, surrendered before the jail authorities on 18th December, 1995 in order to undergo the remaining period of sentence.

(2.) THE short point which survives for consideration is whether the petitioner is entitled to the benefit of remission when he remained on bail with effect from 3rd February 1993 upto 17th December, 1995. The benefit of remission has been declined by the State on the plea that the petitioner was not a prisoner as he was not serving the sentence during the relevant time.

(3.) THE special remission is subject to the following conditions :-