Harjinder Singh v. State Of Punjab And Others
CRWP No. 9737 of 2022
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRWP No. 9737 of 2022 Date of Decision: 21.10.2024 Harjinder Singh ...PeƟƟoner
Versus
State of Punjab and others
...Respondents
CORAM:
HON'BLE MR. JUSTICE ANOOP CHITKARA
Present:
Ms. G.K. Mann, Sr. Advocate with Mr. Gursharan Singh, Advocate for the peƟƟoner.
Mr. Sukhdev Singh, A.A.G., Punjab.
**** ANOOP CHITKARA, J.
1.
Seeking seƫng aside/quashing of order dated 18.08.2022 passed by respondent No.2 rejecƟng the premature release case of the peƟƟoner, the peƟƟoner has come up before this Court under ArƟcle 226 of ConsƟtuƟon of India. 2.
Counsel for the peƟƟoner submits that the peƟƟoner has already undergone 16 years of sentence including remissions. Grievance of the peƟƟoner is that the case of the peƟƟoner for premature release was not iniƟated by the jail authoriƟes despite repeated requests.
3.
State counsel opposes such prayer and refers to the following porƟon of the reply which reads as follows:- "That it is relevant to menƟon here that Under SecƟon 3 of the Punjab Good Conduct Prisoners (Temporary) Release Act, 1962 (Act No 11) the State Government can temporarily release a prisoner for a specified period if prisoner fulfills the condiƟons menƟoned in the said Act. The period of release is to be determined in accordance with sub-secƟon(3) of secƟon 3 the said act and sub-secƟon (3) provides that period of release under this secƟon shall not be counted towards the total period of sentence of prisoner. The sub- secƟon (3) of secƟon 3 the said act is reproduce as under;
Jyoti Sharma 2024.10.29 18:14 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh
CRWP No. 9737 of 2022
(3) The period of release under the secƟon shall not count towards the total period of the sentence of a prisoner.
In light of the above stated facts, it is abundantly clear that the CommiƩee which was consƟtuted for consideraƟon of premature release case of a lifer has only given the true interpretaƟon of the term 'actual sentence' according to seƩled legal posiƟon and law. The premature release policy is a set of certain guidelines, according to which the premature release case of a life convict is considered by the competent authority. The premature release policies do not give the life convicts a vested right for consideraƟon of their premature release case. Further, the above said commiƩee has only given the true interpretaƟon of the term 'actual sentence'.
That the peƟƟoner will be eligible for iniƟaƟng premature release case aŌer undergoing of 09 years 06 months of actual sentence and his case will be iniƟated accordingly. That it is respecƞully submiƩed that as far as contents regarding Punjab Government Policy dated 08/07/1991 of para 5 is concerned same are admiƩed as maƩer of record. Further the peƟƟoner's premature release case will be iniƟated and considered under clause (c) of para 1.1 of Punjab Government Pre-mature Release Policy dated 08.07.1991, where in it is menƟoned that a lifer become eligible for consideraƟon of Premature release case aŌer compleƟon of his 10 Years of actual imprisonment and 14 years actual including Remission. The peƟƟoner has undergone 08 years, 07 months and 24 days actual sentence (excluding parole period) and with remission 16 years, 07 months and 24 days as on 21.11.2023." 4.
Perusal of the peƟƟon shows that peƟƟoner filed this peƟƟon on 10.10.2022 and period of two years have already passed during the pendency of peƟƟon, as such it would be proper if the State considers case of the peƟƟoner afresh. Given above, the present peƟƟon is disposed of with direcƟon to the State to decide the case of the peƟƟoner for premature release afresh in accordance with law without being influenced by the earlier rejecƟon within two months. All pending applicaƟons, if any also stands disposed.
(ANOOP CHITKARA) JUDGE 21.10.2024 JyoƟ Sharma Whether speaking/reasoned :
Yes Whether reportable :
No.
Jyoti Sharma 2024.10.29 18:14 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh