Ajit Singh @ Jipu v. State Of U.T. Chandigarh And Others

In The High Court for the States of Punjab and Haryana At Chandigarh CWP-20830-2019 (O&M) Date of Decision:-17.9.2019 Ajit Singh @ Jipu ... Petitioner

Versus

State of U.T., Chandigarh and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. K.B. Sidhu, Advocate for the petitioner.

Mr. J.S. Toor, Addl. P.P., U.T., Chandigarh.

***** GURVINDER SINGH GILL, J.(Oral) 1.

The petitioner has approached this Court seeking his premature release having undergone a sentence of more than 19 years. 2.

The petitioner faced trial in respect of FIR No.181 dated 16.5.2001 registered at Police Station City Sector-11, Chandigarh, District U.T., Chandigarh and was found guilty vide judgment dated 14.7.2006 passed by learned Additional Sessions Judge, Chandigarh for having committed offences punishable under Sections 302 and 307 read with Section 149 of Indian Penal Code and was sentenced to undergo imprisonment as follows:- Name of the Convict Offence Under Section Imprisonment Fine In default of payment of fine Imprisonment for Life `2,000/- Six months 302 IPC read with Section 149 IPC Ajit Singh @ Jipu `500/- Three months 307 IPC read with Section 149 IPC Rigorous Imprisonment for Three Years Pankaj Kakkar 2019.09.18 11:41 I attest to the accuracy and integrity of this document

( 2 ) CWP-20830-2019 (O&M) 3.

The learned counsel for the petitioner has submitted that the petitioner in terms of Section 431 of Punjab Jail Manual (as applicable to U.T., Chandigarh) is entitled to be released having completed more than 18 years of actual sentence.

4.

The learned State counsel has today filed custody certificate, which shows that as on date the petitioner has undergone an actual sentence of 18 years and 4 months and a total sentence of 25 years, 2 months and 14 days including remission to the tune of 7 years, 1 month and 8 days. 5.

A convict, in terms of Section 431 of Punjab Jail Manual, is entitled to be considered for his premature release although it cannot be said that he would have any vested right for his release on account of earned remissions. The petition, as such, is disposed of with a direction to respondents No.1 and 2 to consider the case of the petitioner for his premature release in accordance with the settled principles and the policy as applicable. Needless to mention, while considering the case of the petitioner, the respondents would seek requisite reports from the authorities concerned as regards the conduct and antecedents of the petitioner. The respondents shall consider the case of the petitioner within a period of three months from the day a formal application is submitted by the petitioner in this regard. 17.9.2019 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No Pankaj Kakkar 2019.09.18 11:41 I attest to the accuracy and integrity of this document