Charanjit Singh vs State of Punjab and anr.

Harbans Singh Rai, J. (Oral)

The petitioner was tried for the offence of murder by Sessions Judge, Amritsar, and was convicted for life imprisonment on December 20, 1974. Mr. Jindal states that the petitioner has undergone 10 years, 4 months and 16 days of actual imprisonment and with remissions 19 years, 4 months and 16 days. This calculation is upto July 4, 1987.

The main contention of Mr. Jindal is that the petitioner was in Army before he was convicted and his case is not being settled in the Army headquarters only on the ground that his case for premature release is not decided. Mr. K.K. Goyal, appearing for A.G. Punjab states that the case of the petitioner will be considered in due course.

As the petitioner has undergone more than 10 years of actual imprisonment and 19 years with remissions, the State Government is bound to consider his case for premature release. I direct the respondents to consider the case of the petitioner for premature release within two months from today and allow him bail during the pendency of this period to the satisfaction of C.J.M. Amritsar. If the case of petitioner for premature release is rejected, the respondents will apply to this Court for cancellation of the bail.

With these observations the petition is disposed of.