Maghar Singh vs State of Punjab

J. B. Garg, J.

The present petition has been moved under Section 482 of the Code of Criminal Procedure read with Articles 226/227 of the Constitution of India praying for premature release of the petitioner who is a lifer since 3031982 and is undergoing sentence in District Jail, Sangrur. His original date of arrest was 811991. The main plea of the petitioner had been that he had undergone RI for a period of more than ten years and besides this he has earned remission of 6 years 9 months and 25 days as on 2981991. He has also alleged that he is a married person and has living wife and that he owns agricultural land and he wants to look after the aforesaid agricultural laud.

The written reply filed on behalf of the State of Punjab in its para No. 2 there is the usual plea that verification carried out at the local/District level reveals that there was apprehension of breach of peace.

The learned counsel for the petitioner has specifically referred to ground No., 6 contained in the Punjab Government Instructions dated 12121985 pertaining to premature release and these are as under :

"6. After introduction of Section 433A of Cr. P. C. w.e.f. 181278 since every premature release case of lifer convict will be taken up after he has completed 14 years actual sentence in jail, a minimum period of 5/6 years for. juvenile and women prisoners and 71/2 and 81/2 years for adult male prisoners can be taken as one of the guidelines for release on mercy petition."

This would go to show that premature release of a convict requires considerazion after he has put in 81/2 years of imprisonment in case of a lifer. In the case in hand there had been no untoward act of the convict and he also availed of parole/furlough at a few occasions. It is an admitted fact that the petitioner has undergone more than 10 years 5 months 22 days of actual sentence according to the reply dated 4121991 filed by the State of Punjab. The learned counsel for the petitioner has referred to Darshan Singh v. State of Punjab and another, 1990(1) Recent Criminal Reports 674 where in similar circumstances a lifer who bad undergone about ten years imprisonment was favourably considered for premature release. Since there is no tangible act or omission by this lifer nor any other important circumstance which may deprive him of. the benefit of the executive instructions Annexure P. 3, after hearing the learned counsel for the State of Punjab, the present petition is accepted and it is ordered that Maghar Singh son of Mukhtiar Singh be released prematurely on his furnishing surety to the satisfaction of the District Magistrate, Sangrur.