Sardara Singh vs State of Punjab and another

B.S. Nehra, J.

The petitioner was arrested on March 23, 1982 and was convicted and sentenced on September 14, 1982, in a case under Section 302 of the Indian Penal Code to file imprisonment by the Sessions Judge, Gurdaspur. He had earlier applied to the State Government on August, 2, 1990, for his premature release in accordance with the instructions issued by the State Government on December 12, 1985 (Annexure P3). According to these instructions, the petitioner was required to undergo actual sentence for a period of 71/2 years and inclusive of remissions, he was required to undergo a total period of 14 years sentence. Since the petitioner''s case was not decided by the State Government he moved this court and on December 11, 1990, this Court directed the State Government to consider the petitioner''s case for premature release within four months vide order Annexure P2. The Government had declined to release the petitioner on the ground that new instructions had come into force in the meanwhile, on July 8, 1991. According to these instructions, the petitioner was required to undergo 10 years actual sentence and a total period of 14 years sentence inclusive of remissions.

Learned counsel for the petitioner has contended that new instructions issued by the State Government on July 8, 1991, are inapplicable, as according to him, the petitioner had become eligible for premature release under the previous instructions date December 12, 1985 (Annexure P3) inasmuch as the petitioner had by then, completed the sentence which he was required to undergo under those instructions. He, therefore, maintained that the contention of Assistant Advocate General, in the circumstances, that new instructions dated July 8, 1991, are applicable to the petitioner''s case for premature release, is untenable.

After hearing learned counsel for the petitioner and Assistant Advocate General, and carefully going through the averments made in the petition, this Court is satisfied that the petitioner has become entitled to his premature release in accordance with the instructions issued by the State Government on December 12, 1985. The period of detention undergone by him during his judicial custody, before the sentence was awarded to him, has to be set off as per the previsions contained in Section 428 of the Code of Criminal Procedure.

For the reasons recorded above, this petition is disposed of with the direction that the respondents will release the petitioner prematurely on usual terms and conditions as he has undergone the period of sentence which he was required to undergo in accordance with the instructions dated December 12, 1985 (Annexure P3).