NIRMAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) CRL . Misc. allowed. Shri Nirmal Singh has filed the present petition under Section 482 Cr.P.C. read with Article 161 of the Constitution of India praying that he has exceeded the prescribed sentence required for the life convicts covered under column-E of the instructions dated 8.7.1991 and as such he is eligible for consideration of premature release. The petitioner has alleged that his detention is violative of Articles 14, 19 and 21 of the Constitution of India.

(2.) SOME facts can be noticed in the following manner : Shri Nirmal Singh was tried and convicted in case FIR No. 148 dated 27.9.1989 registered in Police Station Ropar under sections 302 and 307 read with Section 34 IPC and section 27 of the Arms Act. During the course of investigation he was arrested on 27.9.1989 and was convicted and sentenced on 19.4.1993. As per the allegations of the petitioner he served 8 years 7 months and 29 days actual as on 26.5.1998. He earned remissions of 6 years 7 months and 6 days as on that day and in this manner his total sentence is 15 years 3 months and 5 days. The case of the petitioner is that he has qualified for consideration for premature release because he has served 14 years of sentence whether actual or with remissions. In other words, the petitioner wants to take the benefit of full remissions granted by the State Government from time to time i.e. for the period of 6 years 7 months and 6 days irrespective of the fact that he had not served 10 years actual sentence. The sole point in these circumstances would be whether the petitioner is permitted to take the full benefit of the remissions.