SHAMSHER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and the learned AAG for the State of Haryana.

(2.) THE petitioner, Shamsher Singh is lodged in District Jail, Rohtak who is undergoing imprisonment for life. He has filed this petition under Section 482 Cr.P.C. praying that suitable directions be issued to the respondents, who are State of Haryana through the Director General of Prisons, Haryana and the Superintendent, District Jail, Rohtak, to grant 'B' Class facility to him, who is an income tax payee in view of the provisions contained in para 576-A(2) of the Punjab Jail Manual. Notice was issued to respondents 1 and 2 and they have filed their written statements contending, inter alia, that the petitioner was convicted on 23.12.1995 by the Court of Additional Sessions Judge, Faridabad and sentenced to suffer life imprisonment in case arising out of the FIR No. 286/92 under Sections 148, 149, 323, 324, 302, 307 IPC, Police Station Sadar Palwal. Regarding instructions contained in para 576-A Punjab Jail Manual, it was mentioned in para 3 and para 6 of the reply as under :

(3.) THE executive instructions which have been issued regarding this are contained in Annexure R-1, dated 25.5.1983 and R-2 dated 21.1.1985. The instructions issued on 25.5.1983 were duly considered by the learned Single Judge in the case of Surinder Kumar Sehgal (supra). The ratio of the decision rendered in the case of Surinder Kumar Sehgal (supra) is squarely applicable to the facts of this case which also involved the same instructions and the law settled in the case of Surinder Kumar Sehgal (supra) will also remain and be applicable to the subsequent instructions dated 21.1.1985. The learned Single Judge has after referring to para 576-A of the Punjab Jail Manual and the instructions as aforesaid issued on 25.5.1983 observed as under :