GURDEEP SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) SHRI Gurdeep Singh has filed the present petition under Section 482 Cr.P.C. read with Article 226/227 of the Constitution of India seeking a declaration that he is entitled to all general remissions granted by the Haryana Government right from 8.9.1986 till date for the purpose of determination of his premature release.

(2.) THE petitioner was arrested in a murder case under Section 302/34, 325/34, 323/34 and 450 IPC registered vide FIR No. 185 dated 7.6.1985 in Police Station Pundri District Kurukshetra. He was tried but was acquitted by the learned trial Court on 8.9.1986. The State filed an appeal in the High Court and under the orders/directions of the High Court the petitioner was taken into custody pending the appeal of the State on 21.6.1988. Finally, the petitioner was convicted and sentenced by the High Court on 2.9.1992 and the judgment was received by the jail authorities on 30.4.1993.

(3.) THE learned counsel for the petitioner was invited my attention to para No. 56 of the famous authority Maru Ram v. Union of India, AIR 1980 SC 2147 where the Hon'ble Supreme Court has laid down the following ratio :-