Harjinder Singh vs State Of Punjab And Others

Punjab-Haryana High Court

Harjinder Singh vs State Of Punjab And Others on 21 October, 2024

Author: Anoop Chitkara

Bench: Anoop Chitkara

                     CRWP No. 9737 of 2022

                     287                IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

                                                                   CRWP No. 9737 of 2022
                                                                   Date of Decision: 21.10.2024

                     Harjinder Singh                                       ...Pe   oner

                                                               Versus

                     State of Punjab and others                            ...Respondents


                     CORAM:           HON'BLE MR. JUSTICE ANOOP CHITKARA

                     Present:         Ms. G.K. Mann, Sr. Advocate with
                                      Mr. Gursharan Singh, Advocate
                                      for the pe oner.

                                      Mr. Sukhdev Singh, A.A.G., Punjab.

                                                           ****
                     ANOOP CHITKARA, J.

1. Seeking se ng aside/quashing of order dated 18.08.2022 passed by respondent No.2 rejec ng the premature release case of the pe oner, the pe oner has come up before this Court under Ar cle 226 of Cons tu on of India.

2. Counsel for the pe oner submits that the pe oner has already undergone 16 years of sentence including remissions. Grievance of the pe oner is that the case of the pe oner for premature release was not ini ated by the jail authori es despite repeated requests.

3. State counsel opposes such prayer and refers to the following por on of the reply which reads as follows:-

"That it is relevant to men on here that Under Sec on 3 of the Punjab Good Conduct Prisoners (Temporary) Release Act, 1962 (Act No 11) the State Government can temporarily release a prisoner for a speciﬁed period if prisoner fulﬁlls the condi ons men oned in the said Act. The period of release is to be determined in accordance with sub-sec on(3) of sec on 3 the said act and sub-sec on (3) provides that period of release under this sec on shall not be counted towards the total period of sentence of prisoner. The sub- sec on (3) of sec on 3 the said act is reproduce as under;

Jyoti Sharma 2024.10.29 18:14 1 I attest to the accuracy and

authenticity of this order/judgment High Court, Sector 1, Chandigarh CRWP No. 9737 of 2022 (3) The period of release under the sec on shall not count towards the total period of the sentence of a prisoner.

In light of the above stated facts, it is abundantly clear that the Commi ee which was cons tuted for considera on of premature release case of a lifer has only given the true interpreta on of the term 'actual sentence' according to se led legal posi on and law. The premature release policy is a set of certain guidelines, according to which the premature release case of a life convict is considered by the competent authority. The premature release policies do not give the life convicts a vested right for considera on of their premature release case. Further, the above said commi ee has only given the true interpreta on of the term 'actual sentence'.

That the pe oner will be eligible for ini a ng premature release case a er undergoing of 09 years 06 months of actual sentence and his case will be ini ated accordingly.

That it is respec ully submi ed that as far as contents regarding Punjab Government Policy dated 08/07/1991 of para 5 is concerned same are admi ed as ma er of record. Further the pe oner's premature release case will be ini ated and considered under clause (c) of para 1.1 of Punjab Government Pre-mature Release Policy dated 08.07.1991, where in it is men oned that a lifer become eligible for considera on of Pre- mature release case a er comple on of his 10 Years of actual imprisonment and 14 years actual including Remission. The pe oner has undergone 08 years, 07 months and 24 days actual sentence (excluding parole period) and with remission 16 years, 07 months and 24 days as on 21.11.2023."

4. Perusal of the pe on shows that pe oner ﬁled this pe on on 10.10.2022 and period of two years have already passed during the pendency of pe on, as such it would be proper if the State considers case of the pe oner afresh. Given above, the present pe on is disposed of with direc on to the State to decide the case of the pe oner for premature release afresh in accordance with law without being inﬂuenced by the earlier rejec on within two months. All pending applica ons, if any also stands disposed.



                                                                            (ANOOP CHITKARA)
                                                                               JUDGE
                     21.10.2024
                     Jyo Sharma
                     Whether speaking/reasoned               :      Yes
                     Whether reportable                      :      No.

Jyoti Sharma
2024.10.29 18:14
                                                                        2
I attest to the accuracy and
authenticity of this order/judgment
High Court, Sector 1, Chandigarh