Petitioner sought release under Section 482 CrPC based on special remission notifications after completing sentence except for non-payment of fine. Court directed release upon deposit of fine if not required in any pending case.
Release forthwith subject to deposit of fine and confirmation of non-use by the petitioner in any case.
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CRM M-15380 of 2012
1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM M-15380 of 2012 (O&M) Date of Decision: September 18, 2012
Balkar Singh
... 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)
Present petition has been filed under Section 482 of the Code of Criminal Procedure for directing the respondents to grand the benefit of 2 years special remissions as per Govt. Notifications dated 13.04.2001 (Annexure P/2) and 15.06.2006 (Annexure P/3) for the purpose of counting of 11 years sentence and to release the petitioner forthwith as he has already completed the requisite period of sentence.
Notice of motion was issued on 01.06.2012.
Learned State counsel has placed on record additional affidavit of Ramandip Singh Sandhu, P.P.S., Superintendent, Central Jail, Ferozepur on behalf of respondent Nos. 1 to 3. The same is taken on
CRM M-15380 of 2012 2
record.
In reply, it has been submitted that the petitioner has completed his substantial sentence, but he is undergoing sentence for non payment of fine. Learned counsel for the petitioner stated that the petitioner is ready and willing to deposit the fine.
In view of the above, if the petitioner deposits the fine and he is not required in any case, he shall be released forthwith.
Disposed of accordingly.
September 18, 2012 [Paramjeet Singh] vkd Judge
2 issues framed by the court
Whether the petitioner should be granted benefit of special remission and released forthwith upon deposit of fine and confirmation of non-use in any case.
Whether the petitioner has completed the requisite period of sentence for the purpose of remission.
1 provisions across 1 enactments
Balkar Singh
State of Punjab
Paramjeet Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
