Mohinder Singh/detenu vs State of Punjab

S.S. Sodhi, J.

The matter here concerns the premature release of a convict serving a sentence of life imprisonment.

The petitioner Mohinder Singh was sentenced to imprisonment for life on May 29, 1976. He had been arrested in respect of the offence in question on April 15, 1976 and has been in custody ever since. Todate, therefore, he has already undergone over 11 years actual imprisonment and has earned remissions of over 8 years.

The case of the petitioner Mohinder Singh for premature release was considered by the State Government but was rejected by the order of Additional Chief Secretary, Punjab, of August 7, 1987, Annexure P/5. The reason stated therein being "The respectable of the village including two relatives of the deceased apprehend danger to their lives"; and further "There are no extenuating circumstances or other compassionate grounds to warrant his premature release. It would not be in public interest to release such a person prematurely."

No material has however been placed on record to shaw the basis on which the State Government came to the conclusion that the relatives of the deceased apprehended danger considering the many years that the petitioner has spent in Jail.

It is now well settled, as held by the Division Bench of the High Court of Delhi in Criminal Writ Petition 272 of 1985, Bachan Singh State (Delhi Administration) decided on May 27, 1986 that unless there are strong reasons for holding otherwise, a convict who has undergone a long period of 15 years of imprisonment should be given a chance to lead a normal life and to show that he is a good citizen.

In the present case, as mentioned earlier, the material on which the opinion was formed that there would be danger to some persons'' lives if the petitioner is released has not been disclosed: In dealing with such a case, it is also pertinent to bear in mind the conduct of the convict during his parole or furlough, if any. This aspect of the case also finds no mention here.

Besides this, it must be appreciated that the premature release of a convict is never unconditional. Such premature release is conditional and is subject to the convict maintaining peace and being of good behaviour and in case there is any violation of the undertaking given by him in the bond which be executes, he is liable to be rearrested to undergo the unexpired period of the sentence of imprisonment imposed upon him.

Such thus being the case here, the matter is remitted to the State Government for reconsideration, with the direction that this be done within six weeks from today, failing which it would be open to the petitioner to apply to this Court for release on bail pending such reconsideration. This petition is disposed of accordingly.