BALLARPUR INDUSTRIES LIMITED 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 Sec. 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 Sec. 302 read with Sec. 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 Dec. 19, 1978 pending his appeal. His appeal was dismissed. In the wake of dismissal of his appeal, he surrendered to the jail authorities on Sept. 29, 1980. He went in SLP to the Honourable Supreme Court. Pending his appeal, he was released on bail by the Honourable Supreme Court on April 10, 1981. He surrendered before the Chief Judicial Magistrate on Dec. 7, 1992 as soon as he came to know of the dismissal of his appeal by the Honourable Supreme Court so that he could undergo the remaining sentence. He has undergone the following sentences in the jail:- <FRM>JUDGEMENT_828_TLP&H0_19991.html</FRM>

(3.) It is pleaded by him that the occurrence took place on Feb. 8, 1978. He was convicted and sentenced on 15-19.9.1978 to undergo imprisonment for life. On 15-19.9.1978, i.e. when he was convicted and sentenced, he was 20 years old. The fact that he was 20 years old on 15-19.9.1978, is apparent from the fact that the same is recorded in the judgment/order of the learned Additional Sessions Judge, Karnal Annexure P1. He was, thus, a juvenile-life convict-prisoner on 19.9.1978. On 15.9.1978, he was sent to Borstal jail Hissar till he attained the age of majority. Report under Sec. 173 Code Criminal Procedure filed in the Court indicates that he was juvenile offender at the time of the commission of the offence, as per instructions/para 516-B of the Punjab Jail Manual, applicable at the time of the conviction of the petitioner i.e. 15.9.1978. On the finality of judgment of conviction and order of sentence, passed by the Court, its execution is within the domain of the executive of the Government, subject, of course, to the supervision, control and judicial review of the Court. Sections 432 and 433 of the Code of Criminal Procedure vest the jurisdiction and authority in the State Government to commute, remit or suspend the sentence subject to the provisions of Sec. 433-A Code Criminal Procedure which came into force with effect from Dec. 18, 1978. Honourable Supreme Court upheld the vires of Sec. 433-A Code Criminal Procedure and has held in Maru Ram Vs. Union of India, AIR 1980 Supreme Court 2147 that Sec. 433-A Code Criminal Procedure is prospective in nature. It was laid down that Sec. 433-A Code Criminal Procedure would not be attracted in cases where conviction was recorded prior to Dec. 18, 1978 and the pre-mature release cases of those prisoners are required to be decided as per short sentencing provisions applicable before coming into force of Sec. 433-A Code Criminal Procedure It is pleaded that in this case, as the conviction and sentence took place much prior to Dec. 18, 1978 i.e. the enforcement of Sec. 433-A Criminal Procedure Code, he is entitled to pre-mature release as per short sentencing provisions applicable on the date of conviction. Para 516-B of the Punjab Jail Manual was applicable at the time of his conviction and as per provisions of this para, he was required to undergo total ten years sentence including remission, which period he has already undergone. It is further pleaded that the Government had taken policy decision and issued instructions for the pre-mature release of life convicts-prisoners on Nov. 28, 1977. These instructions apply to this case for pre-mature release. These instructions, Annexure P2, were later on clarified on Feb. 28, 1984. As per these instructions, the petitioner was required to undergo six years actual sentence and total ten years including remission for his premature release which period he has already undergone long time back on grant of special remissions. Fresh instructions were issued by the State Government on Sept. 28, 1988. Thereafter instructions were issued on Nov. 19, 1991 and then on Feb. 4, 1993. On July 17, 1997, qua para 2(a), instructions have been amended vide Annexure P3. Latest instructions are dated Feb. 4, 1993/July 17, 1997. As per these latest instructions dated Feb. 4, 1993/ July 17, 1997, a juvenile life convict prisoner is required to undergo eight years actual and total ten years sentence including remissions.t