Surjit Singh 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 Surjit Singh after his arrest on May 15, 1973 was sentenced to imprisonment for life on April 30, 1974, and has been in custody ever since. He has thus served an actual sentence of over 14 years besides eanring remissions which, according to the petitioner were of over 9 years.

Notice of this petition was given to the State of Punjab and the District Magistrate, Sangrur, but despite opportunities having been granted to them for filing a return and a specific order being made granting a last adjournment for this purpose, no return was filed, indeed no one came forward on behalf of State of Punjab to oppose this petition.

According to the petitioner, his case for premature release was in the first instance referred to the State Government in 1980, but was declined on the ground that the local police apprehended breach of peace on his release from jail and since then it has been rejected five times between 1982 and 1986 on the same ground, the last such rejection being in the year 1986.

It is the case of the petitioner that while in jail, he has earned remissions for good behaviour and has never suffered any jail punishment. Further that he was released on parole on four occasions and he came once on furlough too but there was never any complaint with regard to his conduct while out of jail.

It is now well settled that a bald statement like the one in the present case namely that the local police apprehends breach of peace on the release of the convict cannot justify rejection of his prayer for premature release. In this behalf, it is pertinent to note that premature release is conditional and is subject to the convict maintaining peace and being of good behaviour and in case he violates the undertaking as recorded in the personal bond which he is required to execute he is liable to be rearrested to undergo the unexpired period of the sentence of imprisonment imposed upon him. Further, as was held by the Division Bench of the High Court of Delhi in Criminal Writ Petition No. 272 of 1985, Bachan Singh v. State (Delhi Administration) decided on May 27, 1986, 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.

Keeping in view the circumstances of the case, the matter here is remitted to the State Government for reconsideration with the direction that this be done within a period of three months from today. The petitioner is, in the meanwhile, directed to be released on bail on furnishing bail bond on the sum of Rs. 10,000/ with one surety in the like amount to the satisfaction of Chief Judicial Magistrate, Sangrur. In the event of rejection of the prayer of the petitioner for premature release by the State Government, it would be open to the respondents to rearrest the petitioner to serve the unexpired period of the sentence of imprisonment imposed upon him.

JUDGMENT accordingly.