High Court of Punjab and Haryana directed authorities to examine petitions for remission and premature release benefits for convicts released on bail during appeal pendency, relied on prior judgments.
Direction to examine cases for remission benefits and consider pre-mature release.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
-1-
Criminal Misc. No. M-29487 of 2009 (O&M)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Criminal Misc. No. M-29487 of 2009 (O&M) Date of Decision:22.10.2009
Karnail Singh and another
.....Petitioners
Vs.
State of Punjab and others
.....Respondents
CORAM:- HON'BLE MR. JUSTICE HARBANS LAL
Present:Ms. B.P.K. Brar, Advocate for the petitioners.
HARBANS LAL, J.
This petition has been moved by Karnail Singh as well as Surjit Singh under Section 482 of Cr.P.C for issuing directions to the respondents to allow them usual remissions as have been allowed by the Governor of Punjab under Article 161 of the Constitution of India during the period, they remained on bail during the pendency of Criminal Appeal No.363-SB of 1992 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.
I have heard the learned counsel for the petitioners. The petitioner No.1 was convicted and sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs.5,000/- or in default of payment of fine, to further undergo rigorous imprisonment for six months under Section 306 of IPC and petitioner No.2 was convicted and sentenced
Criminal Misc. No. M-29487 of 2009 (O&M)
-2-
to undergo rigorous imprisonment for four years and to pay a fine of Rs.5,000/- or in default of payment of fine, to further undergo rigorous imprisonment for six months under Section 306 of IPC by the Court of learned Sessions Judge, Faridkot. They were released on bail during pendency of their appeal. On dismissal of their appeal No.363-SB of 1992 vide judgment dated 4.10.2008 passed by this Court, they have 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 petitioners and provide them the benefit of remissions announced from time to time till before 11.9.2001 and also consider their pre-mature release case.
October 22, 2009 renu
( HARBANS LAL ) JUDGE
1 issue framed by the court
Whether to issue directions allowing remissions and pre-mature release benefits as per settled propositions of law under Section 482 CrPC.
Colour shows how this judgement treated each authority
Jagdeep Singh v. State of Punjab and othersRelied on¶15
Criminal Writ Petition No.991 of 2006 – Jagdeep Singh v. State of Punjab and others
Mohan Singh v. State of Punjab and anotherRelied on¶15
Criminal Writ Petition No.1398 of 2007 – Mohan Singh v. State of Punjab and another
Hardev Singh and others v. State of Punjab and othersRelied on¶19
Criminal Misc. No. M- 1786 of 2008 – Hardev Singh and others v. State of Punjab and others
2 provisions across 2 enactments
Karnail Singh
Surjit Singh
State of Punjab
HARBANS LAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
