BHAJAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BY this order, I dispose of two criminal Misc. Nos. 9206-M (Gurmail Singh v. State of Punjab) and 22405-M (Bhajan Singh v. State of Punjab), both of 1997, as in the opinion of this court, the common questions of law and fact are involved.

(2.) FOR the purpose of facts, I have taken the same from the petition filed by Bhajan Singh, who is seeking premature release through suitable directions on the ground that he has served more than one year of actual sentence in the Open Air Jail, Nabha, and he has also undergone 7-1/2 years of actual sentence, in terms of the Govt. policy dated 21.4.1972. Similar is the request of Gurmail Singh.

(3.) THE case of the State on the contrary is that the petitioners have not qualified for premature release by virtue of the instructions dated 8.7.1991, Annexure R-1. The State submits that as per these instructions, the petitioners were supposed to undergo 10 years actual sentence and with remissions 14 years.