BIKRAM SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a Criminal Miscellaneous whereby Bikram Singh, presently undergoing sentence of life imprisonment in Central Jail, Ambala has prayed for a direction to the respondents to grant him all government remissions granted during the period 19.12.1978 to 28.9.1980 and 10.4.1981 to 6.12.1982 and count the period of remissions towards the sentence undergone by him. He has further prayed for a direction to them to initiate, consider and decide his pre-mature release case treating him as Juvenile-life convict- prisoner as per the instructions applicable on the date of conviction/sentence i.e. 15.9.1978/19.9.1978.

(2.) IT is alleged by Bikram Singh petitioner that case FIR No. 18 was registered in Police Station Ladwa on 8.2.1978 against him and his two brothers named Sher Singh and Dalbir Singh under Section 302/34 of the Indian Penal Code. He was arrested by the police and confined to Judicial lock up on 18.2.1978 vide order dated 15.9.1978/19.9.1978, he and his brother Sher Singh were convicted under Section 302 read with Section 34 of the Indian Penal Code and sentenced to imprisonment for life. He filed an appeal in the High Court challenging his conviction and sentence. He was allowed bail by this Court on December 19, 1978 pending his appeal. His appeal was dismissed. In the wake of dismissal of his appeal, he surrendered to the jail authorities on September 29, 1980. He went in SLP to the Hon'ble Supreme Court. Pending his appeal, he was released on bail by the Hon'ble Supreme Court on April 10, 1981. He surrendered before the Chief Judicial Magistrate on December 7, 1992 as soon as he came to know of the dismissal of his appeal by the Hon'ble Supreme Court so that he could undergo the remaining sentence. He has undergone the following sentences in the jail :- , Years Months Days

(3.) IT is further alleged that the respondents have failed to initiate, consider and decide his premature release case as per instructions dated November 28, 1977, Annexure P2. The action of the respondents is wrong, illegal, arbitrary against the Rules and instructions. During the period of bail, the State Government has granted special remissions on account of Republic Day etc. to the convict prisoners vide various orders passed by it either in the exercise of its power under Section 432 of the Code of Criminal Procedure or Article 161 of the Constitution of India. Special remissions granted during the period when he was on bail granted to him either by this Court pending his appeal or by the Supreme Court pending his appeal are embodied in Annexures P4 to P11.