JOGINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS application is filed to direct respondent Nos. 1 and 2 to take into custody the respondent Nos. 3 to 4 as their conviction has been confirmed by this Court and to serve the remaining period of sentence.

(2.) A case has been registered against respondent Nos. 3 to 5 in F.I.R. No. 104 dated 23.6.1985 under Sections 326, 325 and 324/34 I.P.C. at Police Station, Sadar Nabha. All the accused (respondent Nos. 3 to 5) were convicted by the Judicial Magistrate 1st Class, Nabha on 13.8.1987 and sentenced to undergo rigorous imprisonment for a period of one year and 6 months. The appeal filed by the respondent Nos. 3 to 5 was dismissed confirming the conviction and sentence imposed on them by the Magistrate. The respondents filed a Criminal Revision in this Court in Cr. Revision No. 354 of 1988. The said revision petition was admitted by this Court and the sentence imposed on the respondents was suspended. This Court ultimately dismissed the revision petition on 17th of July, 1998 confirming the conviction and sentence imposed by the trial Court. After dismissal of revision petition by this Court, the convicts namely respondent Nos. 3 to 5 were admitted in Jail on 29.7.1998, but they were released on the same day on the ground that they have already been given remissions by the Punjab Government between the period of conviction passed by the Magistrate on the day when they were admitted in jail after dismissal of the revision petition. Challenging the same, the petitioner, who is the complainant, filed this petition.

(3.) IT is on the other hand contended by the learned Punjab Prosecutor and the learned Counsel for respondent Nos. 3 to 5 that the convicts have been released in view of the various orders of the Government granting remissions. The first order after the conviction of the accused granting remission was passed by the Government on 10th of November, 1989. Under the said order, prisoners undergoing sentence of more than one year and upto 2 years imprisonment, were granted a remission of four months, but in regard to the convicts/prisoners who have been released on bail, they have to be allowed the benefit if they surrender in jail within 15 days of the receipt of the notice from the Superintendent of Jail concerned where they had been released on bail. The next order of the government was dated 2.4.1992 under which four months' remission has been granted to the prisoners undergoing sentence more than one year and upto two years imprisonment. Even in that order, the convicts who have been released on bail have been allowed the said benefit if they surrender in Jail within 15 days of the receipt of the notice from the Superintendent of Jail concerned from where they had been released. Similar notifications were issued in the years 1994, 1995, 1996 and 1997. Thus, it is clear that under the various Government orders, remissions have been extended even to those convicts who have been released on bail pending disposal of their appeals and revisions. The only condition was that the convicts/prisoners have to surrender before the jail authorities within 15 days of the notice either from the Superintendent of Jail or from the Chief Judicial Magistrate of the district concerned.