Gian Singh vs State of Punjab and anr.

N.C. Jain, J.

This is a petition for premature release of the petitioner who is a life convict. He has undergone 19 years, 8 months and 20 days of sentence as on 8.2.1988. By now he had undergone more than 20 years of imprisonment including remissions.

The petitioner was convicted and sentenced in a case of murder under Section 302/148/149, Indian Penal Code on 30.10.1975 by the learned Additional Sessions Judge, Amritsar. Section 433A Cr.P.C. has been amended on December 18, 1978. His case has to be considered in accordance with the provisions of Section 432 of the Criminal Procedure Code.

The premature release of the petitioner has been opposed by the counsel for the State on two grounds. Firstly, it has been averred in detail in paragraph 8 of the reply that the release of the petitioner would cause breach of peace and secondly, the conduct of the petitioner has not remained satisfactory as he has committed four jail offences, the last being on 15.12.1984, as has been mentioned in para 8 of the reply.

After hearing the learned counsel for the parties, I am of the view that the petitioner is entitled to be released prematurely as both the grounds are untenable in law. Apprehension of breach of peace has been held to he no legal ground in Surjit Singh v. State of Punjab, 1988(1) Rent Criminal Reports 212 . As regards the jail offences are concerned, the last one was committed in the year 1984. Thereafter, no jail offence was committed by the petitioner. In Cri. W.P. No. 1922 of 1987 decided on August 18, 1988 by K.S. Bhalla, J., the jail offences committed four years before were held to be no good ground for not releasing the accused prematurely. It has further been pointed out by the learned counsel that the petitioner remained on bail from 27th February, 1986 to Ist September, 1987 and no untoward incident was reported during this period. He having maintained good conduct during the aforesaid period and there being no jail offence against him after 1984. I think that he is entitled to the concession of premature release. 1, therefore, allow this petition and direct that the petitioner be released prematurely subject to his furnishing a personal bond in the sum of Rs. 5000/ with two sureties in the like amount to the satisfaction of the concerned authorities (District Magistrate Amritsar) undertaking to maintain peace and good behaviour during the remaining unexpired period of imprisonment. This petition stands disposed of accordingly.