Life convict petitioner sought premature release under Govt. Instructions. Court directed respondents to decide the application by a speaking order within two months.
Respondents directed to decide the petitioner's case for premature release by passing a speaking order within two months.
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Crl. Misc. No.M-11822 of 2012
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl. Misc. No.M-11822 of 2012(O&M) Date of Decision : 05.07.2012
Faquiria @ Bundu
.... Petitioner
Versus
State of Punjab and others
.... Respondents
CORAM: HON'BLE MR. JUSTICE PARAMJEET SINGH
Present:Mr. Suram Singh Rana, Advocate for the petitioner.
Ms. Jaspreet Kaur, AAG, Punjab
PARAMJEET SINGH, J. (ORAL)
The present writ petition has been filed under Section 482 Cr.P.C. seeking direction to the respondents to consider the case of the petitioner for grant of premature release as per Govt. Instructions dated 23.10.2001 (Annexure P-1).
Learned counsel for the petitioner states that petitioner is a life convict and was sentenced to undergo RI for life for the commission of offence punishable under Section 302, 120-B IPC by the learned Addl. Sessions Judge, Sangrur vide order dated 17.07.2004 in case FIR No.43 dated 16.02.2003 and is lodged in Open Air Jail, Nabha. The case of the petitioner is that he has already undergone more than 9 years and 3 motnhs of actual sentence of imprisonment and more than 16 years 9 months including remissions. Petitioner fulfills the conditions as contained in
Crl. Misc. No.M-11822 of 2012 -2-
Govt. Instructions dated 23.10.2001 (Annexure P-1) and moved application to the respondents for premature release but till date no decision has been taken by the respondents. Learned counsel for the petitioner further states that the case of the petitioner has been duly recommended by respondent No.3 to respondents No.1 and 2 vide dispatch No.2877 dated 09.03.2012.
In view of above, the present petition is disposed of with a direction to respondents to decide the case of the petitioner by passing a speaking order, within a period of two months from the date of receipt of certified copy of this order.
(PARAMJEET SINGH) JUDGE 05.07.2012 vcgarg
1 issue framed by the court
Whether the accused is entitled to premature release under Govt. Instructions dated 23.10.2001 given the delay in decision by the respondents.
1 provisions across 1 enactments
Faquiria @ Bundu
State of Punjab
PARAMJEET SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
