ONKAR SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Issuance of an appropriate writ/order, or direction, is sought by way of filing this petition under Articles 226/227 of the Constitution of India, praying that the petitioner is entitled to various remissions granted by the Punjab Government Circular letters, issued under Art. 161 of the Constitution or section 432 of the Code of Criminal Procedure.

(2.) On April 8, 1987, the petitioner was convicted and sentenced to undergo rigorous imprisonment for five years under section 308 Indian Penal Code. His appeal was partly accepted. Conviction under section 308 Indian Penal Code was up-held but sentence of imprisonment was reduced from five years to three years, as per order, Annexure P-1. Petitioner remained on bail from May 22, 1987 to April 9, 1999. He is, therefore, entitled to all the remissions granted during the period when he remained on bail.

(3.) The State-respondents resisted the claim of the petitioner on the ground that he had not surrendered in the Jail except on April 10, 1999, when after his appeal was dismissed. In fact, after the dismissal of his appeal, the Chief Judicial Magistrate, Kapurthala, issued warrants of his arrest on different dates requiring him to surrender in the Court. Thus, his case is not covered under the circulars by the Government from time to time.