Disposed

Mukhtiar Kaur v. State of Punjab & Ors.

Punjab & Haryana HC22 Oct 2009CRM-M/29538/2009

Case brief

AI extract

What is this about?

In a miscellaneous criminal petition under Section 482 CrPC, the Court directed competent authorities to examine the petitioner's claim for benefit of remissions announced before 11.9.2001 and consider his case for premature release relying on judicial precedents.

What did the court decide?

Direction to competent authority to examine petitioner's case for benefit of remissions announced before 11.9.2001 and consider premature release.

Mukhtiar Kaur Vs State of Punj… — Constitutional and Fundamental Rights | Punjab & Haryana HC (2009)

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Criminal Misc. No. M-29538 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-29538 of 2009 (O&M) Date of Decision:22.10.2009

Mukhtiar Kaur

.....Petitioner

Vs.

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 Mukhtiar Kaur 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.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.

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I have heard the learned counsel for the petitioner. The petitioners was convicted and sentenced to undergo rigorous imprisonment for three 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. He was

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Criminal Misc. No. M-29538 of 2009 (O&M)

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released on bail during pendency of the appeal. On dismissal of his appeal No.363-SB of 1992 vide judgment dated 4.10.2008 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 22, 2009 ( HARBANS LAL ) renu JUDGE

Mukhtiar Kaur v. State of Punjab & Ors.

Case brief

What is this about?

What did the court decide?

Mukhtiar Kaur v. State of Punjab & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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