Gurcharan Singh vs State of Punjab and anr.

Jai Singh Sekhon, J.

The petitioner was convicted by learned Additional Sessions Judge, Barnala, for an offence under Section 302 Indian Penal Code and sentenced to undergo life imprisonment vide his order dated 1711975. His case for premature release under para 516 (b) of Punjab Jail Manual read with instructions dated 1251977 of the State of Punjab was deferred by the State Government for one year. The petitioner then filed Criminal Writ Petition No. 201 of 1983 wherein this Court directed the State to reconsider the case of the petitioner for premature release in accordance with law. The State Government, after reconsidering the case, rejected it on January 10, 1986. The petitioner then filed another Criminal Writ Petition No. 265 of 1986 wherein the State Government was directed to reconsider the case of the petitioner and decide it by passing a speaking order. However, the State Government again rejected the case of premature release of the petitioner on 2341987. The petitioner again filed another Criminal Writ Petition No. 769 of 1987 wherein vide order dated 391987 the State Government was directed to pass a fresh order after giving notice and opportunity of hearing to the detenu. Accordingly, the State Government, after affording opportunity to the detenu, rejected his case on 231988. During the pendency of these Criminal Writ Petitions, the petitioner remained on bail from 611984 to 12101988. He surrendered to the authorities thereafter.

The petitioner has again come up before this Court through this petition contending that he has already suffered 11 years of actual sentence besides earning remission to the tune of 10 years 2 months and 9 days. In return, all these facts are admitted by the Staterespondent but it is maintained that the concession of premature release to the petitioner was rightly withheld as the petitioner had committed seven jail offences prior to 611984. It is further maintained that after the surrender of the petitioner in jail, the Inspector General, Prisons has again initiated a fresh case for premature release of the petitioner and report of the District Level Authorities has since been called.

The law is well settled on the point that commission of earlier offence in jail cannot operate as impediment after the expiry of five years. The decision of this Court in Gurmeet Singh v. State of Punjab, 1988(2) Recent Criminal Reports 490 can be referred with advantage in this regard. There is no complaint regarding the conduct of the petitioner in jail after he had surrendered on 12.10.1988.

It is not disputed that according to the relevant instructions, the State Government has to consider case of premature release of the life convict if he has undergone 81/2years of Actual sentence and 14 years including remissions. It appears that the State Government has withheld this concession of grant of premature release to the petitioner only on the ground that he his committed some jail offences prior to 611984.

The above referred offences cannot legally be taken into consideration as discussed above while deciding the case of premature release of the petitioner.

Consequently, for the aforesaid reasons, this Criminal Writ Petition suceeds and it is ordered that the State Government shall consider the premature release case of the petitioner in accordance with law within four months from today. The petitioner is directed to be released on bail during this period on furnishing requisite bonds to the satisfaction of District Magistrate, Sangrur, undertaking to surrender in case of rejection of his case for premature release.