SANJEEV KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) SANJEEV Kumar has filed the present petition under Section 482 Cr.P.C., read with Articles 226/227 of the Constitution of India for the quashment of the order dated 20th May, 1987 vide which warning was given to the petitioner for not surrendering in time. The petitioner has sought further declaration that the said warning may not become obstruction/obstacle for considering his case of premature release.

(2.) BRIEF facts of the case are that the petitioner was tried for an offence of murder by the learned Sessions Judge, Jalandhar, and was sentenced to undergo life imprisonment vide judgment and order dated 23rd February, 1987. The appeal of the petitioner was dismissed by the High Court and also by the Hon'ble Supreme Court. The petitioner applied for emergency parole for two weeks and he was supposed to surrender before the Jail Authorities on 6th May, 1987. However, he reported before the Jail Authorities on 7th May, 1987. Treating that the petitioner has not complied with the directions regarding surrender, his case was processed and ultimately on 28th May, 1987, order was passed by the Superintendent :-

(3.) LEARNED counsel appearing on behalf of the petitioner has assailed the order dated 28th May, 1987 on various grounds, inter alia, that the procedure resorted to by the Superintendent was highly illegal and against the principles of natural justice; that the punishment was awarded in the year 1987 and it automatically lapses after the expiry of three years; that the warning under the Jail Manual cannot be taken into consideration for the purpose of furlough/premature release. Finally the learned counsel for the petitioner submits that at this stage the petitioner has been deprived of the furlough on account of the punishment dated 28th May, 1987.