Gurnam Kaur vs State of Punjab

S.S. Dewan, J.

Bhan Singh convict has undergo more than seventeen years imprisonment including remissions and as under trial period. Mr. V.K. Jindal, learned Counsel for the petitioner has strenuously urged that because of noncompliance of the directions given by the Court in Criminal Writ No. 16 of 1985 decided on May 23, 1985, the convict is entitled to the grant of premature release. In Criminal Writ No. 16 of 1985, one of the directions issued to the Government was that while considering the case of the convict for premature release, the Government should pass a speaking order after giving opportunity to the prisoner to make his representation, if any, before passing the final order which is admittedly not done in the present case. Consequently, I order that Bhag Singh convict shall be forthwith released on bail to satisfaction of the Chief Judicial Magistrate, Bhatinda. In case the decision of the State Government regarding the premature release by means of speaking order referred to above, is adverse to him, the State Government may move the Court for cancellation of the bail granted to the convict. The writ petition is disposed of accordingly.