Allowed

Dinesh Kumar @ Dina v. State of Punjab and Ors.

Punjab & Haryana HC15 Oct 2009CRM-M/29118/2009

Case brief

AI extract

What is this about?

In a miscellaneous criminal petition, the single judge directed the competent authority to examine the petitioner's case and provide benefit of remissions granted by the Governor under Article 161 prior to 11.9.2001, considering precedents allowing such remissions to those on bail.

What did the court decide?

Directed competent authority to examine case and provide benefit of remissions until 11.9.2001 and consider premature release.

Dinesh Kumar @ Dina Vs State of… — Pension and Retirement Benefits | Punjab & Haryana HC (2009)

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Criminal Misc. No. M-29118 of 2009 (O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Criminal Misc. No. M-29118 of 2009 (O&M) Date of Decision:15.10.2009

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Dinesh Kumar alias Dina

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.....Petitioner

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Vs.

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State of Punjab and others

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.....Respondents

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CORAM:- HON'BLE MR. JUSTICE HARBANS LAL

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Present:Ms. B.P.K. Brar, Advocate for the petitioner.

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HARBANS LAL, J.

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This petition has been moved by Dinesh Kumar alias Dina under Section 482 of Cr.P.C for issuing directions to the respondents to allow him usual remissions as have been allowed by the Governor of Punjab under Article 161 of the Constitution of India during the period, he remained on bail during the pendency of Criminal Appeal No.449-SB of 1995 in this Court in accordance with the settled proposition of law laid down in the judgment dated 5.7.2007 delivered in Criminal Writ Petition No.991 of 2006 – Jagdeep Singh v. State of Punjab and others and judgment dated 24.4.2008 rendered in Criminal Writ Petition No.1398 of 2007 – Mohan Singh v. State of Punjab and another.

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I have heard the learned counsel for the petitioners. The petitioners was convicted and sentenced under Sections 307, 148, 326, 149 of IPC by the Court of learned Additional Sessions Judge, Ferozepur vide judgment dated 28.7.1995. He was released on bail during the pendency of

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Criminal Misc. No. M-29118 of 2009 (O&M)

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appeal. On dismissal of his appeal No.449-SB of 1995 vide judgment dated 12.5.2009 passed by this Court, he has been readmitted to jail. In view of Annexure P.1, the judgment dated 5.7.2007 rendered by this Court in Criminal Writ Petition No.991 of 2006 – Jagdeep Singh v. State of Punjab and others, Annexure P.2, the judgment dated 24.4.2008 delivered by this Court in Criminal Writ Petition No.1398 of 2007 – Mohan Singh v. State of Punjab and another, Annexure P.3, the judgment dated 24.10.2008 passed by this Court in Criminal Misc. No. M-1786 of 2008 – Hardev Singh and others v. State of Punjab and others, this petition is disposed of with a direction to the competent authority to examine the case of the petitioner and provide him the benefit of remissions announced from time to time till before 11.9.2001 and also consider his pre-mature release case.

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October 15, 2009 renu

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( HARBANS LAL ) JUDGE

Dinesh Kumar @ Dina v. State of Punjab and Ors.

Case brief

What is this about?

What did the court decide?

Dinesh Kumar @ Dina v. State of Punjab and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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